Local and special acts and resolutions of the General Assembly of the state of Georgia 1978 [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 19780000 English

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 19780000 Compiled and Published by Authority of The State

Compiler's Note General Acts and Resolutions of the 1978 Session are grouped in Volume One beginning at page 1. Proposed amendments to the Constitution are grouped together beginning at page 2309 of Volume One. This volume is bound separately. Local and Special Acts and Resolutions are grouped in Volume Two beginning on page 3001. Revisions and amendments of municipal charters made pursuant to the Municipal Home Rule Act of 1965 as amended and filed in the office of the Secretary of State during 1977 and 1978 are printed in Volume Two beginning on page 4745. Home Rule Actions by Counties filed in the office of the Secretary of State during 1977 and 1978 are printed in Volume Two beginning on page 4677. There are no numbered pages between 2841 and 3001. The indexes are printed in each volume and covers the material in both volumes. The tabular index lists matters by broad categories; the general index is a detailed, alphabetical index by subject matter.

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ACTS BY NUMBERS, PAGE REFERENCES 754 3 755 4 756 9 757 3003 758 10 759 3005 760 3010 761 3019 762 3021 763 3023 764 3025 765 3027 766 3029 767 186 768 215 769 3037 770 218 771 3040 772 220 773 221 774 223 775 225 776 228 777 3056 778 3058 779 231 780 236 781 3072 782 3074 783 3076 784 237 785 239 786 240 787 243 788 244 789 245 790 254 791 256 792 257 793 258 794 275 795 309 796 795 797 811 798 812 799 814 800 816 801 3078 802 3080 803 3081 804 850 805 851 806 853 807 859 808 3119 809 3121 810 878 811 3122 812 3124 813 3156 814 3159 815 3161 816 3171 817 3175 818 3177 819 3189 820 3191 821 879 822 3194 823 3196 824 3198 825 3205 826 3207 827 3211 828 3214 829 3216 830 3218 831 3221 832 3223 833 3229 834 3239 835 3242 836 3244 837 3246 838 3248 839 3251 840 3253 841 3255 842 3257 843 3259 844 3262 845 3264 846 3266 847 3271 848 3273 849 3307 850 3335 851 3337 852 3340 853 3341 854 3344 855 3346 856 3348 857 3350 858 3352 859 3353 860 3355 861 3357 862 3359 863 3361 864 3365 865 3368 866 3371 867 3373 868 3375 869 3377 870 3393 871 3395

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872 3397 873 3399 874 3402 875 3405 876 886 877 3409 878 3412 879 3414 880 3418 881 3426 882 3427 883 3430 884 3435 885 3437 886 3441 887 3443 888 3445 889 3448 890 3482 891 3484 892 3486 893 3488 894 3490 895 3506 896 3510 897 3512 898 3514 899 3516 900 3519 901 3527 902 3529 903 3531 904 3535 905 3537 906 3538 907 3541 908 3552 909 3555 910 888 911 3557 912 3560 913 3562 914 3564 915 3566 916 3568 917 3570 918 3572 919 3577 920 3579 921 3581 922 3584 923 3586 924 3589 925 3591 926 3592 927 3593 928 3595 929 3597 930 3599 931 3601 932 3603 933 3606 934 3608 935 3610 936 3612 937 3613 938 3615 939 3616 940 3619 941 3622 942 3624 943 3627 944 3630 945 3632 946 3635 947 3637 948 3639 949 3642 950 3645 951 3647 952 3650 953 3653 954 3655 955 3658 956 3661 957 3666 958 3672 959 3675 960 3677 961 3683 962 3685 963 3687 964 3690 965 3692 966 3695 967 3696 968 3702 969 3735 970 3737 971 3738 972 3741 973 3746 974 3752 975 890 976 891 977 894 978 899 979 900 980 901 981 902 982 903 983 904 984 906 985 907 986 909 987 910 888 911 989 914 990 917 991 918 992 920 993 922 994 923 995 925

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996 927 997 928 998 930 999 931 1000 932 1001 935 1002 936 1003 3757 1004 937 1005 938 1006 941 1007 949 1008 953 1009 956 1010 3759 1011 3763 1012 958 1013 959 1014 3765 1015 964 1016 970 1017 975 1018 979 1019 982 1020 985 1021 990 1022 992 1023 994 1024 996 1025 3768 1026 997 1027 999 1028 3770 1029 1001 1030 1002 1031 1004 1032 1023 1033 1024 1034 1025 1035 1033 1036 1035 1037 1037 1038 1038 1039 1039 1040 1042 1041 1043 1042 1045 1043 1047 1044 3774 1045 3778 1046 3779 1047 3782 1048 1048 1049 3785 1050 1049 1051 3792 1052 3802 1053 3813 1054 3821 1055 3823 1056 3825 1057 3828 1058 3830 1059 3832 1060 3834 1061 3837 1062 3839 1063 3841 1064 3842 1065 3846 1066 3848 1067 3850 1068 3853 1069 3855 1070 3857 1071 3858 1072 3860 1073 3861 1074 3863 1075 3865 1076 1050 1077 1054 1078 3868 1079 3903 1080 3905 1081 3907 1082 1064 1083 3926 1084 3929 1085 3930 1086 3932 1087 3966 1088 3998 1089 4007 1090 4009 1091 4011 1092 4013 1093 4015 1094 4017 1095 4054 1096 4056 1097 4058 1098 4061 1099 4063 1100 4065 1101 4067 1102 1068 1103 4069 1104 4071 1105 4073 1106 4076 1107 4079 1108 4082 1109 4084 1110 4085 1111 4087 1112 4089 1113 4093 1114 4095 1115 4096 1116 4099 1117 4102 1118 1074 1119 4104

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1120 1081 1121 1144 1122 4110 1123 1146 1124 4113 1125 4116 1126 4126 1127 1147 1128 4129 1129 4132 1130 4136 1131 4138 1132 4141 1133 4142 1134 4151 1135 4157 1136 4159 1137 4162 1138 4167 1139 4169 1140 4171 1141 4206 1142 4209 1143 4212 1144 4215 1145 4217 1146 4222 1147 4224 1148 4227 1149 4230 1150 4232 1151 4235 1152 4238 1153 4240 1154 4243 1155 4247 1156 4256 1157 4258 1158 4292 1159 4323 1160 4355 1161 4357 1162 4360 1163 4363 1164 4366 1165 4369 1166 4380 1167 4382 1168 4385 1169 4387 1170 4389 1171 4392 1172 4395 1173 4398 1174 4401 1175 4403 1176 4406 1177 4407 1178 4410 1179 4412 1180 4423 1181 4425 1182 4430 1183 4431 1184 4435 1185 4438 1186 4440 1187 4458 1188 4461 1189 4463 1190 4465 1191 4466 1192 4470 1193 4498 1194 1149 1195 1155 1196 1160 1197 1162 1198 1165 1199 1359 1200 1362 1201 1364 1202 1365 1203 1367 1204 1369 1205 1370 1206 1371 1207 1372 1208 1376 1209 1377 1210 1379 1211 1380 1212 1381 1213 1383 1214 1385 1215 1386 1216 1420 1217 1422 1218 1423 1219 1424 1220 1426 1221 1429 1222 1434 1223 1437 1224 1440 1225 1441 1226 1442 1227 1444 1228 1446 1229 1448 1230 1450 1231 1452 1232 1454 1233 1455 1234 1456 1235 1457 1236 1459 1237 1460 1238 1462 1239 1463 1240 1467 1241 1469 1242 1471 1243 1473

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1244 1474 1245 1481 1246 1483 1247 1485 1248 1486 1249 1488 1250 1490 1251 1492 1252 1493 1253 1494 1254 1497 1255 1505 1256 1506 1257 1509 1258 1510 1259 1512 1260 1515 1261 1517 1262 1520 1263 1522 1264 1526 1265 1527 1266 1530 1267 1531 1268 1541 1269 1542 1270 1543 1271 1545 1272 1547 1273 1550 1274 1552 1275 1562 1276 4502 1277 1565 1278 1567 1279 1571 1280 1592 1281 1593 1282 1600 1283 1601 1284 1603 1285 1604 1286 1605 1287 1607 1288 1609 1289 1611 1290 1614 1291 1616 1292 1621 1293 1624 1294 1634 1295 1635 1296 1639 1297 1645 1298 1646 1299 1647 1300 1652 1301 1653 1302 1654 1303 1655 1304 1657 1305 1658 1306 1659 1307 1663 1308 1664 1309 1666 1310 4504 1311 4506 1312 4507 1313 1668 1314 1678 1315 1680 1316 1685 1317 1686 1318 1687 1319 1688 1320 1690 1321 1693 1322 1695 1323 1698 1324 1700 1325 1701 1326 1703 1327 1704 1328 1705 1329 1709 1330 1710 1331 1712 1332 1714 1333 1717 1334 1725 1335 1726 1336 1726 1337 1728 1338 1743 1339 1748 1340 1751 1341 1753 1342 1754 1343 1755 1344 1757 1345 1758 1346 1760 1347 1761 1348 1762 1349 1763 1350 1765 1351 4508 1352 4527 1353 4546 1354 1778 1355 1779 1356 1781 1357 1786 1358 1787 1359 1789 1360 1826 1361 1856 1362 1894 1363 1895 1364 1898 1365 4567 1366 1911 1367 1913

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1368 1914 1369 1919 1370 1921 1371 1924 1372 1927 1373 1929 1374 1932 1375 1936 1376 1938 1377 1939 1378 1949 1379 1950 1380 1953 1381 1955 1382 1957 1383 1960 1384 1962 1385 1964 1386 1965 1387 1967 1388 1968 1389 1969 1390 1970 1391 1974 1392 1977 1393 1979 1394 1981 1395 1985 1396 1986 1397 1988 1398 1989 1399 1997 1400 1999 1401 2000 1402 2001 1403 2004 1404 2006 1405 2008 1406 2009 1407 2012 1408 2014 1409 2016 1410 2017 1411 2020 1412 2021 1413 2023 1414 2025 1415 2028 1416 2029 1417 2031 1418 2033 1419 2034 1420 2036 1421 4570 1422 2037 1423 2039 1424 2040 1425 2041 1426 2043 1427 2045 1428 2046 1429 2048 1430 2050 1431 2051 1432 2055 1433 2056 1434 2058 1435 2059 1436 2061 1437 2062 1438 2065 1439 2066 1440 2068 1441 2069 1442 2073 1443 2075 1444 4573 1445 4576 1446 2076 1447 4609 1448 4617 1449 4625 1450 4628 1451 4632 1452 4637 1453 4651 1454 4656 1455 4667 1456 4669 1457 2170 1458 2173 1459 2189 1460 2191 1461 2193 1462 2195 1463 2199 1464 2202 1465 2204 1466 2205 1467 2207 1468 2208 1469 2210 1470 2212 1471 2218 1472 2219 1473 2220 1474 2237 1475 2238 1476 2241 1477 2245 1478 2249 1479 2254 1480 2256 1481 2257 1482 2260 1483 2262 1484 2264 1485 2267 1486 4671 1487 4673 1488 2268 1489 2270 1490 2288 1491 2290

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1492 2293 1493 2297 1494 2299 1495 2302 1496 2306 RESOLUTIONS BY NUMBER 86 230 87 877 88 3115 89 2310 90 2311 91 2312 92 2313 93 2315 94 2316 95 2318 96 2320 97 2322 98 2326 99 2329 100 2331 101 2333 102 2334 103 2337 104 2339 105 2341 106 2342 107 2343 108 2345 109 2346 110 2347 111 2349 112 2351 113 2352 114 2354 115 2355 116 2357 117 2360 118 2361 119 2362 120 2364 121 2365 122 1076 123 1079 124 2367 125 2370 126 2373 127 2375 128 2378 129 2380 130 2381 131 2383 132 2385 133 2386 134 2389 135 2392 136 2394 137 2395 138 2397 139 2399 140 2401 141 2403 142 2405 143 2406 144 2408 145 2411 146 2413 147 2415 148 2418 149 2421 150 2423 151 2426 152 2427 153 2430 154 2431 155 2433 156 2434 157 2435 158 2437 159 2438 160 2440 161 2442 162 2444 163 2446 164 2448 165 2450 166 2453 167 2455 168 2468 169 2471 170 2472 171 2474 172 2476 173 2478 174 2494 175 2497 176 2505 177 2515 178 2516 179 2519 180 2522 181 2524 182 2078 183 2079 184 2096 185 2097 186 2098 187 4585 188 2099 189 2100

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190 2103 191 2106 192 2107 193 2110 194 2111 195 2113 196 2115 197 2117 198 2121 199 2123 200 4587 201 4588 202 2126 203 2128 204 2130 205 4589 206 4590 207 2132 208 4591 209 4592 210 2134 211 4593 212 4594 213 4595 214 4596 215 4597 216 2136 217 4599 218 4600 219 2137 220 4601 221 2138 222 2140 223 2142 224 2143 225 2145 226 2147 227 4602 228 2149 229 2150 230 4603 231 4605 232 4606 233 2152 234 4607 235 2153 236 2155 237 2156 238 2158 239 2161 240 2163 241 2167 31 89 72 182 121 183 125 Veto #23 217 176 233 177 234 178 237 184 239 92 246 185 247 186 252 187 257 188 259 189 263 190 267 191 279 91 283 192 290 193 292 194 297 195 298 196 307 122 311 124 313 90 316 197 323 125 326 179 329 198 333 95 335 199 336 94 347 126 351 180 353 200 356 93 359 127 372 181 30-129 130 40-178 131 49-217 128 60-272 201 85-370 132 162-686 133 163-686 120 237-898 202 239-908 129 272-984 203 436-1274 134 438-1274 204 439-1274 205 442-1274 209 444-1274 135 445-1274 121 447-1274 86 455-1312 119 457-1312 208 464-1314 207 466-1337 206 468-1337 213 471-1340 118 474-1340 212 475-1340 211 478-1349 136 479-1349 137 480-1349 210 481-1355 214

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482-1380 138 483-1380 215 485-1380 117 490-1423 216 505-1436 217 506-1448 221 511-1458 220 512-1458 139 514-1463 219 517-1473 218 518-1473 225 527-1520 224 528-1520 140 530-1520 116 532-1529 141 542-1532 223 543-1532 115 544-1532 123 545-1545 114 546-1545 113 549-1580 112 550-1580 142 552-1580 222 553-1580 229 555-1586 111 556-1599 143 564-1592 228 565-1598 227 567-1602 144 568-1603 145 569-1605 146 570-1606 147 571-1607 148 572-1608 149 573-1608 150 574-1662 151 576-1662 110 580-1662 226 582-1671 231 586-1710 152 587-1710 153 588-1710 230 589-1710 232 590-1718 154 591-1718 233 611-1733 237 613-1748 236 615-1748 155 629-1752 109 632-1756 156 638-1777 157 642-1790 108 645-1791 107 647-1806 235 650-1826 106 651-1826 234 652-1826 88 653-1828 105 654-1828 104 655-1828 103 656-1834 158 657-1835 159 658-1835 160 661-1850 161 662-1850 162 663-1850 241 664-1850 102 665-1858 87 668-1867 101 669-1867 163 672-1888 164 673-1888 165 674-1888 166 711-1910 100 713-1916 240 714-1916 167 715-1916 168 716-1916 99 718-1944 169 719-1944 98 720-1944 170 722-1944 171 727-1960 172 732-1980 173 735-2002 97 739-2007 239 741-2012 238 744-2020 96 776-2023 174 799-2065 175 28 1367 36 1368 43 Veto #31 73 1369 98 1370 110 1028 112 1010 114 1011 118 1025 119 1014 139 1371 140 1458 161 1372 162 1459 235 754 236 1373 243 1374 258 1375 259 1376 264 1377 285 1013 290 960 326 1378 350 1379 354 1380 374 1401 378 1478 382 1381 383 1015 384 1012 385 760

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386 761 387 762 388 763 389 764 390 765 393 1402 395 1460 397 1382 398 1022 399 1403 400 1030 401 1027 402 1009 403 1023 404 1383 405 1384 406 1029 407 1008 408 1461 410 1385 411 1386 412 1387 413 1479 414 1480 415 1388 416 1404 417 1405 418 876 420 1031 421 1406 422 1389 423 1390 424 1391 425 1392 428 1393 433 1481 437 779 439 1394 440 1462 441 1463 442 1395 443 1482 444 1396 447 1397 448 Veto #22 449 1359 450 1360 451 1361 452 1398 455 1399 457 Veto #29 458 1407 460 1408 461 877 463 878 465 1026 466 1400 467 1409 468 1410 474 1194 478 1278 484 1411 486 1483 497 1055 498 1112 499 Veto #30 503 790 505 1412 506 1446 508 1484 509 Veto #32 511 1464 512 1485 513 1413 514 1414 515 1415 517 1082 519 1416 520 879 522 1417 526 1418 529 1419 530 1420 533 791 534 Veto #33 540 880 541 881 542 930 543 1421 544 1032 547 Veto #24 548 1277 549 882 550 883 551 804 552 1362 553 1021 554 1422 555 1423 556 1024 557 1424 562 780 563 1425 564 1426 565 1427 567 1113 570 1428 574 1429 575 1114 581 1465 582 1430 584 781 585 782 586 783 591 1431 595 884 599 1432 600 1083 603 1433 604 1466 605 1467 606 1442 609 1084 610 1115

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615 1434 616 1435 618 885 619 1436 622 1437 623 886 625 1468 627 888 629 1438 632 1116 633 1085 634 887 643 1117 645 1086 646 1087 647 1118 648 1119 3 795 65 975 112 1279 113 977 121 772 122 756 123 773 124 1120 132 976 138 978 204 980 226 982 229 1280 246 Veto #19 247 Veto #20 262 755 277 1486 279 1281 330 983 352 984 368 985 427 874 449 929 458 1282 480 987 512 1283 543 1005 546 989 548 1284 549 1285 558 986 574 1286 575 1287 578 767 579 1288 611 988 627 1289 645 990 649 992 731 1290 732 1291 742 1044 758 1292 791 1121 824 1293 831 1469 902 910 903 1088 914 796 929 768 937 1294 997 1348 1012 1295 1014 1296 1026 Veto #18 1046 1297 1048 1298 1055 1487 1069 1089 1114 993 1115 1299 1116 981 1143 1122 1150 770 1223 758 1224 1198 1227 991 1228 757 1229 774 1230 1300 1231 797 1232 1301 1233 1488 1234 1302 1235 792 1236 766 1237 995 1240 1349 1241 994 1242 785 1243 998 1246 1304 1247 1303 1248 775 1250 1000 1252 784 1253 996 1259 1305 1263 1048 1265 997 1266 999 1267 806 1268 1306 1271 1001 1276 936 1280 1003 1281 793 1282 1307 1283 771 1286 1309 1288 1308 1289 798 1290 786 1295 937

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1296 1002 1300 1004 1301 1218 1302 1219 1303 1220 1304 1195 1306 1221 1307 776 1309 1222 1310 1470 1312 Veto #25 1313 787 1315 938 1316 939 1317 940 1318 759 1319 942 1320 Veto #17 1324 1223 1327 1471 1329 1224 1330 1225 1331 1226 1332 1227 1333 1350 1335 1228 1336 1033 1338 1229 1340 1034 1342 1230 1343 1441 1345 1231 1347 1472 1349 1232 1351 1233 1356 1234 1359 842 1360 1473 1361 1235 1364 1236 1365 1237 1366 1238 1367 1239 1368 1474 1369 1035 1370 1240 1371 843 1372 844 1373 845 1376 846 1377 847 1379 890 1381 1241 1382 1274 1383 1090 1384 1091 1386 1363 1388 1017 1390 1242 1401 1019 1417 1036 1418 1092 1419 1037 1421 1243 1427 1489 1428 1244 1429 1245 1431 1490 1434 1246 1436 961 1437 1093 1438 962 1441 1038 1443 1123 1445 1313 1447 799 1450 1043 1453 1016 1456 1314 1457 825 1458 1315 1459 1316 1461 1317 1463 1318 1465 789 1467 777 1468 964 1469 1319 1470 1320 1471 963 1472 965 1473 966 1474 1310 1475 1311 1476 1312 1477 1321 1483 1440 1485 1322 1493 1323 1498 1324 1499 1196 1500 1325 1501 1020 1503 1326 1504 1327 1505 1491 1506 1328 1507 1329 1508 1330 1509 1331 1510 1332 1511 1333 1515 1351 1516 1352 1517 1353 1519 1334 1520 1335 1523 967 1526 1336 1527 1337 1529 1338 1530 1018 1533 1339 1538 1340

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1543 800 1544 1341 1545 794 1549 1342 1554 1343 1555 1039 1558 1040 1560 1492 1562 1344 1563 1345 1567 1493 1568 1007 1569 1346 1570 1076 1572 1347 1574 1199 1575 1041 1576 1494 1578 968 1579 1200 1581 1201 1584 1202 1585 1439 1587 1203 1591 1204 1592 969 1593 1354 1596 970 1597 769 1598 Veto #26 1599 1447 1600 1448 1601 1042 1602 1449 1603 1450 1606 1451 1607 1452 1608 1453 1609 1454 1610 1455 1611 1456 1612 1457 1616 971 1617 972 1618 973 1619 974 1620 848 1622 849 1623 1205 1626 913 1627 914 1628 1206 1629 1475 1630 915 1631 916 1632 917 1634 918 1635 919 1636 Veto #27 1637 920 1638 1207 1639 1208 1640 1209 1641 1210 1648 1366 1649 1355 1650 778 1651 921 1652 922 1653 923 1654 924 1655 925 1656 1211 1658 926 1659 927 1660 928 1661 1212 1664 1213 1665 1214 1666 941 1667 943 1668 944 1669 945 1670 1215 1671 1495 1672 946 1673 947 1674 948 1675 949 1677 950 1678 951 1679 952 1683 1216 1684 953 1685 954 1686 889 1687 1217 1689 1094 1690 803 1693 1247 1694 1248 1695 955 1696 956 1698 957 1699 1249 1700 958 1701 1124 1702 979 1703 959 1705 1125 1708 1250 1711 807 1712 826 1713 827 1714 828 1715 1126 1716 829 1717 830 1718 1251 1719 1095 1721 831 1722 833 1723 832 1724 1127

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1725 1252 1726 837 1727 838 1728 1253 1729 836 1730 841 1731 835 1732 834 1733 839 1734 840 1736 788 1744 931 1745 935 1746 932 1747 1254 1752 1255 1753 1051 1755 1256 1756 1096 1757 934 1758 933 1761 891 1762 893 1763 892 1764 1356 1765 894 1766 1128 1767 1257 1773 895 1774 1258 1775 1259 1777 1049 1780 1260 1784 896 1786 Veto #21 1791 805 1792 898 1793 897 1795 899 1796 900 1797 1006 1798 901 1799 902 1800 1129 1801 1261 1802 903 1803 801 1804 Veto #28 1806 1130 1807 1262 1808 1263 1809 1496 1811 1364 1812 1066 1813 904 1814 905 1815 1264 1818 1265 1820 1357 1821 906 1825 907 1826 1266 1833 908 1834 909 1836 1443 1838 1267 1839 1197 1840 1268 1841 808 1842 809 1845 810 1846 1269 1847 1065 1848 1358 1850 811 1851 1365 1852 1067 1853 1131 1854 812 1856 1050 1858 1476 1860 813 1861 814 1862 815 1863 816 1864 817 1865 818 1866 819 1868 820 1870 1097 1871 1060 1872 1098 1874 1270 1875 821 1876 822 1877 1068 1878 823 1879 824 1880 1132 1881 1133 1882 1077 1884 1059 1886 1066 1887 1078 1888 1134 1890 850 1891 1070 1893 851 1895 852 1897 1058 1898 1057 1899 1071 1900 1099 1901 1056 1902 1100 1903 1101 1905 1102 1907 1072 1908 1135 1909 1136 1910 853 1912 854 1913 1054 1915 856

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1921 855 1922 1103 1923 1137 1924 1275 1926 857 1927 858 1928 1061 1929 859 1930 860 1931 861 1932 862 1933 863 1934 864 1935 1104 1936 865 1937 1271 1938 866 1941 867 1942 868 1943 1064 1944 1063 1945 1079 1946 869 1947 870 1948 871 1949 873 1950 872 1951 1138 1953 1272 1954 1139 1955 1062 1957 1140 1960 875 1962 1141 1963 1142 1964 1143 1965 1144 1966 1145 1967 1477 1968 1052 1969 1080 1970 1146 1972 1147 1975 1444 1978 1046 1979 1276 1980 1081 1986 1047 1987 Veto #16 1991 911 1992 912 1993 1073 1994 1148 1995 1149 1996 1150 1997 1151 1998 1152 1999 1153 2000 1154 2004 1155 2005 1156 2006 1157 2008 1158 2011 1159 2013 802 2014 1160 2015 1161 2016 1045 2017 1162 2019 1163 2021 1164 2022 1165 2023 1445 2025 1166 2026 1167 2028 1168 2029 1169 2030 1170 2031 1171 2032 1172 2033 1173 2034 1174 2035 1175 2036 1176 2039 1177 2040 1178 2041 1179 2042 1180 2043 1181 2044 1182 2048 1183 2049 1184 2050 1185 2051 1105 2052 1106 2053 1107 2054 1053 2055 1186 2057 1187 2058 1188 2059 1189 2060 1074 2061 1075 2062 1108 2063 1109 2064 1110 2065 1111 2066 1273 2069 1190 2071 1191 2072 1192 2077 1193

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 Compiled and Published by Authority of The State

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LOCAL AND SPECIAL ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1978 CITY OF MOUNTAIN VIEWCHARTER REPEALED. No. 757 (House Bill No. 1228). AN ACT To repeal an Act entitled An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effective; and for other purposes., approved February 23, 1956 (Ga. Laws 1956, p. 2518), as amended by an Act approved

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April 21, 1967 (Ga. Laws 1967, p. 3323), an Act approved April 25, 1969 (Ga. Laws 1969, p. 3636) and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3970); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create and incorporate the City of Mountain View, in the County of Clayton, Georgia, and grant a charter to that municipality under that name and style; to prescribe and define the corporate limits thereof; to provide a municipal government for said city, and to declare the rights, powers, privileges and liabilities of said corporation; to authorize said city to levy and collect a tax for purposes authorized herein; to authorize the construction of waterworks, sewers, streets, parks, and to provide for the payment of the same; to provide for granting franchises to persons, firms or corporations for construction and maintenance of public utilities; to declare and define the police powers of said city; to declare and define the duties and powers of the officers of said city; to provide for the election of a mayor and council of said city; to provide for passage of ordinances and granting licenses for the conduct of business; to provide for a referendum before this Act becomes effective; and for other purposes., approved February 23, 1956 (Ga. Laws 1956, p. 2518), as amended by an Act approved April 21, 1967 (Ga. Laws 1967, p. 3323), an Act approved April 25, 1969 (Ga. Laws 1969, p. 3636) and by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3970), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to repeal the Act incorporating the City of Mountain View in the County of

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Clayton, Georgia, approved February 23, 1956 (Ga. Laws 1956, p. 2518), as amended, and for other purposes. This 20th day of December, 1977. /s/ Rudolph Johnson Representative, 72nd District /s/ William J. Lee Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 44th District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, Publisher, who on oath says that he is the Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: December 20, 27, 1977 and January 3, 1978. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 4th day of January, 1978. /s/ Eleanor G. Simon Notary Public, Georgia State at Large. My Commission Expires April 4, 1978. (Seal). Approved January 20, 1978. LOWNDES COUNTYSHERIFF'S COMPENSATION, ETC. No. 759 (House Bill No. 1318). AN ACT To amend an Act placing the Sheriff of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved

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February 15, 1966 (Ga. Laws 1966, p. 2021), as amended, so as to change the compensation provisions relating to the sheriff; to change the provisions relating to the number of personnel within the sheriff's office, their manner of compensation and selection; to change the provisions relating to budget requirements of the sheriff; to provide for arbitration of budget disputes; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved February 15, 1966 (Ga. Laws 1966, p. 2021), 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. After the effective date of this Act, the salary of the Sheriff of Lowndes County shall be $19,000.00. In addition to such annual salary, the sheriff shall also receive an additional amount equal to two percent of the base salary provided in the first sentence above for each year of service completed up to eight years and an additional amount equal to one percent of the base salary provided in the first sentence above for each year of service completed thereafter; provided, however, that the longevity increases provided for herein shall at no time exceed 25 percent of the base salary provided in the first sentence above. In addition to the compensation provided herein, the sheriff shall also receive a cost-of-living increase whenever the employees of Lowndes County are granted such a cost-of-living increase by the governing authority of the county. The sheriff shall receive the same cost-of-living increase, either a certain amount or a percentage of the salary, as other employees of the county; provided, however, that such cost-of-living increase in any one year shall not exceed an amount which, when added to the longevity increase for that year, will result in a salary increase of more than five percent of the base salary herein provided. The compensation of the sheriff shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the sheriff in office on the effective date of this Act shall be adjusted according to the provisions of this Section, and he shall be given credit for all prior service served in said office. Section 2. Said Act is further amended by striking in its entirety Section 3 which reads as follows:

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Section 3. The sheriff of Lowndes County shall have the authority to appoint one chief deputy and not less than five field deputies. The chief deputy shall be compensated an amount to be determined by the sheriff from funds of Lowndes County, but not to exceed $800.00 per month. The duties of the chief deputy and field deputies shall be as is determined by the sheriff of Lowndes County. Section 3. Said Act is further amended by striking in its entirety Section 4 which reads as follows: Section 4. The sheriff of Lowndes County shall fix the compensation of each of the field deputies, which compensation shall be paid from the funds of Lowndes County. The governing authority of Lowndes County shall make available to the sheriff, on a monthly basis, if requested as hereinafter provided, a sum which shall not be less than $400.00 for the compensation of each of the field deputies which shall be appointed by the sheriff. No field deputy shall be compensated in a sum in excess of $750.00 per month. Section 4. Said Act is further amended by striking in its entirety Section 5 which reads as follows: Section 5. After the effective date of this Act, the sheriff of Lowndes County shall have the authority to appoint one secretary-bookkeeper, one assistant clerk-typist, one chief jailer, one assistant jailer and one matron. The sheriff of Lowndes County shall fix the compensation of said employees within the limitations herein provided, which compensation shall be paid from the funds of Lowndes County. The governing authority of Lowndes County shall make available to the sheriff, on a monthly basis, if requested as hereinafter provided, sums for the compensation of said employees as follows: for the secretary-bookkeeper, not less than three hundred ($300.00) dollars nor more than four hundred fifty ($450.00) dollars; for the assistant clerk-typist, not less than two hundred fifty ($250.00) dollars nor more than three hundred fifty ($350.00) dollars; for the chief jailer, not less than three hundred ($300.00) dollars nor more than six hundred ($600.00) dollars; for the assistant jailer, not less than two hundred ($200.00) dollars nor more than five hundred ($500.00) dollars; and for the matron, not less than one hundred fifty ($150.00) dollars nor more than two hundred twenty-five ($225.00) dollars. In addition to the above-listed employees, such other assistants or employees as may be deemed necessary

Page 3008

to efficiently perform the duties of the sheriff's office, as determined by the sheriff and the governing authority of Lowndes County, shall be provided, and the governing authority of Lowndes County shall provide funds, on a monthly basis, to pay the additional employees at a monthly rate agreed upon by the sheriff and the governing authority of Lowndes County. Section 5. Said Act is further amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The sheriff, during his respective terms in office, shall determine the number of deputies, clerks, jailers and assistants needed for the efficient operation of his office and the compensation to be paid to such personnel. The sheriff shall incorporate this information in his annual proposed budget made to the governing authority of Lowndes County pursuant to the provisions of Section 12. It shall be within the sole power and authority of the sheriff to designate and name the person or persons who shall be employed as deputies, clerks, jailers, 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 6. Said Act is further amended by striking Section 12 in its entirety and inserting in lieu thereof a new Section 12 to read as follows: Section 12. The sheriff shall, at least 90 days before July 1 of each year, submit to the governing authority of Lowndes County a proposed budget covering the cost of operating his office for the ensuing fiscal year. The proposed budget shall either be approved or disapproved by the governing authority of Lowndes County within 30 days after the submission of the budget by the sheriff for approval. In the event the governing authority of Lowndes County shall fail to approve or disapprove the budget submitted by the sheriff within the time specified herein, the same shall be deemed to have been approved. In the event the governing authority of Lowndes County shall disapprove the budget submitted or in the event a disagreement shall arise between the governing authority and the sheriff, the governing authority or the sheriff involved shall be authorized to appeal to arbitration. The governing authority and the sheriff shall, within three days of the appeal to arbitration, name their respective arbitrators, each of them naming one arbitrator,

Page 3009

and the two arbitrators so appointed shall name a third arbitrator. In the event the two arbitrators so chosen are unable to agree on a third arbitrator within five days, the senior judge of the superior court shall appoint a third arbitrator. The determination and judgment rendered by the arbitration committee shall be the final yearly budget which is the subject of arbitration. The governing authority of Lowndes County shall disburse funds for the operation of the office, as expenses are incurred, in accordance with the final budget for such office. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Lowndes County on a salary basis in lieu of a fee basis, approved February 15, 1966 (Ga. Laws 1966, p. 2021), as amended; and for other purposes. /s/ 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/she 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 23, 1977, December 30, 1977 and January 4, 1978. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me this, 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 25, 1978.

Page 3010

EARLY COUNTYSMALL CLAIMS COURT. No. 760 (Senate Bill No. 385). AN ACT To create and establish a Small Claims Court in and for Early County; to prescribe the jurisdiction of said court; to prescribe the pleading and practice in said court; to provide for the duties, powers and compensation of the judge of said court; to provide for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Early 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. (a) The judge of the Probate Court of Early County shall serve ex officio as the judge of the Small Claims Court of Early County. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county.

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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 Early 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. (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 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. (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

Page 3012

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 same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) 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 $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.

Page 3013

(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. 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

Page 3014

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 Early 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 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

Page 3015

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 Early County

Page 3016

Page 3017

Section 18. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court. Section 19. Said Small Claims Court shall have no designated terms at stated periods. The judge thereof shall, in each instance, set dates for all hearings and trials in each type of case. He shall also designate the time or times for the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant.

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Section 20. 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. 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, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. Section 21. The judge of said court shall have the power to impose fines of not more than ten dollars on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. Section 22. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $5.00, plus a reasonable amount for drayage, 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 23. In the event any Section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the Section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1978 session of the Georgia General Assembly to create a small claims court

Page 3019

of Early County, within the office of Probate Judge of Early County, and for other purposes. This 12th day of December, 1977. /s/ J. H. Timmons Senator, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 15, 22 and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 27, 1978. EARLY COUNTYTERMS OF BOARD OF COMMISSIONERS. No. 761 (Senate Bill No. 386). AN ACT To amend an Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, particularly by an Act approved March 5, 1968 (Ga. Laws 1968, p. 2110), so as to stagger the terms of office of the members

Page 3020

of the Board of Commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Early County, approved March 24, 1933 (Ga. Laws 1933, p. 515), as amended, particularly by an Act approved March 5, 1968 (Ga. Laws 1968, p. 2110), is hereby amended by striking from Section 2 the last sentence thereof which reads as follows: The members of said Board of Commissioners shall be elected for a term of four years, and until their successors are elected and qualified. Section 2. Said Act is further amended by inserting between Sections 2 and 3 a new Section 2A, to read as follows: Section 2A. Those candidates who are elected to the Board in the 1980 general election from the Central and Western districts shall serve for a term of office of two years and until their successors are duly elected and qualified. Those candidates elected to the Board in said election from the Northern, Eastern and Southern districts shall serve for a term of office of four years and until their successors are duly elected and qualified. Thereafter, successors to the members of the Board of Commissioners of Early County shall be elected to a term of office of four years and until their successors are duly elected and qualified. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that a bill will be introduced in the 1978 session of the Georgia General Assembly to amend an act creating the Board of County Commissioners of Early County, Georgia, so as to provide for staggered terms of commissioners, to be effective with terms beginning in 1981, and for other purposes. This 12th day of December, 1977. /s/ J. H. Timmons Senator, 11th District

Page 3021

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates. December 15, 22 and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 27, 1978. EARLY COUNTYTAX COMMISSIONER'S SALARY. No. 762 (Senate Bill No. 387). AN ACT To amend an Act creating the office of Tax Commissioner of Early County, approved August 9, 1929 (Ga. Laws 1929, p. 599), as amended, particularly by an Act approved February 27, 1975 (Ga. Laws 1975, p. 2532), so as to change the provisions relating to 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 Early County, approved August 9, 1929 (Ga. Laws 1929, p. 599), as amended, particularly by an Act approved February 27, 1975 (Ga. Laws 1975, p. 2532), is hereby amended by striking Section 5, which reads as follows:

Page 3022

Section 5. The Tax Commissioner shall receive an annual salary of $12,000, payable in equal monthly installments from the funds of Early County., in its entirety and inserting in lieu thereof a new Section 5 to read as follows: Section 5. The tax commissioner shall receive an annual salary in an amount to be fixed and determined by the governing authority of Early County. Such salary shall not be less than the minimum salary prescribed by the general laws of this State for said officer. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Tax Commissioner of Early County, approved August 9, 1929 (Ga. Laws 1929, p. 599), as amended; and for other purposes. This 12th day of December, 1977. /s/ J. H. Timmons Senator, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Early County News which is the official organ of Early County, on the following dates: December 15, 22, and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District

Page 3023

Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 27, 1978. RANDOLPH COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 763 (Senate Bill No. 388). AN ACT To amend an Act creating the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. Laws 1935, p. 778), as amended, particularly by an Act approved March 18, 1959 (Ga. Laws 1959, p. 2035), so as to change the compensation of the chairman and 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 the Board of Commissioners of Randolph County, approved February 13, 1935 (Ga. Laws 1935, p. 778), as amended, particularly by an Act approved March 18, 1959 (Ga. Laws 1959, p. 2035), is hereby amended by striking the first three sentences of Section 19 in their entirety and inserting in lieu thereof the following: The chairman of the board shall receive $150.00 per month for performing the duties connected with the office of chairman. The other members of the board shall each receive $75.00 per month. The compensation provided herein shall be paid monthly from the funds of Randolph County on an order drawn by the board and signed by the chairman and the clerk., so that Section 19, when so amended, shall read as follows:

Page 3024

Section 19. The chairman of the board shall receive $150.00 per month for performing the duties connected with the office of chairman. The other members of the board shall each receive $75.00 per month. The compensation provided herein shall be paid monthly from the funds of Randolph County on an order drawn by the board and signed by the chairman and the clerk. The commissioners shall be subject to prosecution for malpractice in office in the same manner as justices of the peace and shall be exempt from road, jury and militia duty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to Amend the Act creating a Board of Commissioners of Roads and Revenues for the County of Randolph, (Ga. L. 1935, p. 778, as amended Ga. L. 1943, P. 1103, Ga. L. 1959, P. 2035), so as to change the provisions relative to the compensation of the Board of Commissioners of Randolph County; and for other purposes. This 9th day of December, 1977. /s/ Jimmy Hodge Timmons Senator, 11th District /s/ Bob Hanner Representative, 130 District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: December 15, 22 and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District

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Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 27, 1978. RANDOLPH COUNTYSHERIFF'S EXPENSES. No. 764 (Senate Bill No. 389). AN ACT To amend an Act abolishing the mode of compensating the Sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2903), as amended, particularly by an Act approved March 17, 1975 (Ga. Laws 1975, p. 2732), so as to change the maximum automobile and travel expenses for the sheriff and deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the Sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2903), as amended, particularly by an Act approved March 17, 1975 (Ga. Laws 1975, p. 2732), is hereby amended by striking the symbol and figure $8,000.00 in Section 9 and inserting in lieu thereof the following: $9,500.00, so that Section 9, when so amended, shall read as follows: Section 9. In addition to the salaries provided for herein, the sheriff and the deputy shall be reimbursed for automobile expenses and actual expenses for hotel, meals and travel incurred in carrying out their official duties, but all such expenses shall not exceed

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$9,500.00 per annum for both the sheriff and the deputy; provided, however, that all such expenses shall be subject to such rules and regulations as may be adopted by the Board of Commissioners for Randolph County, for the purpose of accounting for, controlling and regulating such expenses. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to Amend the Act placing the Sheriff of Randolph County on an Annual Salary approved March 30, 1965, (Ga. L. 1965, P. 2903 as amended Ga. L. 1975, P. 2732), so as to change the provisions relative to automobile expenses for the Sheriff; and for other purposes. This 9th day of December, 1977. /s/ Jimmy Hodge Timmons Senator, 11th District /s/ Bob Hanner Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: December 15, 22 and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. Approved January 27, 1978.

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RANDOLPH COUNTYSALARY OF DEPUTY SHERIFF. No. 765 (Senate Bill No. 390). AN ACT To amend an Act abolishing the mode of compensating the Sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2903), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2987), so as to change the compensation of the deputy sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the mode of compensating the Sheriff of Randolph County known as the fee system and providing in lieu thereof an annual salary, approved March 30, 1965 (Ga. Laws 1965, p. 2903), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2987), is hereby amended by striking the symbol and figure $6,000.00 in Section 8 and inserting in lieu thereof the following: $7,500.00, so that Section 8, when so amended, shall read as follows: Section 8. The sheriff is hereby authorized to appoint one deputy sheriff to assist him in the performance of his duties who shall serve at the pleasure of the sheriff. Said deputy shall receive a salary of $7,500.00 per annum payable in equal monthly installments from the funds of Randolph 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 1978 session of the General Assembly of Georgia, a bill to Amend the Act, (Ga. L. 1965, P. 2903, as amended Ga. L. 1973, P. 2987), so as

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to change the provisions relative to the compensation of the Deputy Sheriff of Randolph County; and for other purposes. This the 9th day of December, 1977. /s/ Jimmy Hodge Timmons Senator, 11th District /s/ Bob Hanner Representative, 130th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in The Cuthbert Times and News Record which is the official organ of Randolph County, on the following dates: December 15, 22 and 29, 1977. /s/ J. Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved January 27, 1978.

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CHEROKEE COUNTYCOUNTY COMMISSIONER, REFERENDUM. No. 766 (House Bill No. 1236). AN ACT To amend an Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2534), so as to abolish the Board of Commissioners of Cherokee County and re-create the office of Commissioner of Cherokee County; to provide that all powers, duties and responsibilities formerly vested in the Board of Commissioners of Cherokee County shall be vested in the Commissioner of Cherokee County; to provide for compensation, election, term of office, oath and bond of the Commissioner of Cherokee County; to provide for filling vacancies; to authorize and direct the Commissioner of Cherokee County to conduct regular meetings; to provide for special meetings; to provide for other matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2534), is hereby amended by striking Sections 1 through 16 in their entirety and inserting in lieu thereof the following Sections: Section 1. Office of Commissioner of Cherokee County Created. There is hereby created in and for the County of Cherokee the office of Commissioner of Cherokee County. The Commissioner of Cherokee County shall constitute the governing authority of said county, and he shall exercise the powers, duties and responsibilities herein vested in said office. Section 2. Election and Term of Office of Commissioner of Cherokee County. The Board of Commissioners of Cherokee County shall continue to serve until December 31, 1978. The first election

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for Commissioner of Cherokee County shall be conducted on the date of the general election in said county in 1978. Thereafter, an election for Commissioner of Cherokee County shall be conducted every four years on the date of the general election, and said commissioner shall assume office on January 1 immediately succeeding the election. The first Commissioner of Cherokee County elected hereunder shall assume office on January 1, 1979, and he shall hold office for four years and until his successor is elected and qualified. Section 3. Vacancies. (a) In the event of a vacancy in the office of Commissioner of Cherokee County for any reason, other than expiration of a term of office, it shall be the duty of the Judge of the Probate Court of Cherokee County to issue the call for a special election, within five 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) The Judge of the Probate Court of Cherokee County shall exercise the powers, duties and responsibilities of the Commissioner of Cherokee County until such time as a successor is elected to fill the office of Commissioner of Cherokee County. Section 4. Oath and Bond. Before entering upon the discharge of his duties, the commissioner shall subscribe an oath before the Judge of the Probate of Cherokee County for the true and faithful performance of his duties and that he is not the holder of public funds unaccounted for. In addition, the commissioner shall further give a satisfactory surety bond approved by and payable to the Judge of the Probate Court of Cherokee County and filed in the office of the judge of the probate court, in the sum of twenty-five thousand dollars ($25,000.00), conditioned upon the faithful performance of the duties of his office. The cost of the bond shall be paid from the funds of Cherokee County. Section 5. Compensation of Commissioner. The Commissioner of Cherokee County shall be compensated in the amount of sixteen thousand five hundred dollars ($16,500.00) per annum to be paid in equal monthly installments from the funds of Cherokee County. The county shall furnish the commissioner with an appropriate automobile to be used by him in carrying out the official duties of his office. The cost of such automobile and the replacement cost

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thereof from time to time, as well as the costs necessary to maintain and operate such automobile, shall be paid from the funds of Cherokee County. The commissioner shall be reimbursed for actual and necessary expenses incurred by him in carrying out his official duties from the funds of Cherokee County. The salary and expenses provided for herein shall constitute the entire compensation from all sources to which the commissioner shall be entitled to be paid from county funds. The commissioner shall devote his full time to the duties of his office. Section 6. Meetings of Commissioner. The Commissioner of Cherokee County 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 commissioner for any purpose. The commissioner may conduct special meetings at any time. At the first meeting of the commissioner, the former Board of Commissioners of Cherokee County shall turn over to the commissioner all records, books and official documents 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. If a certified public accountant is employed to conduct a complete audit of the books of the county, he shall be paid from county funds. Section 7. Clerk. The Commissioner of Cherokee County is hereby authorized to appoint a clerk. Any citizen of said county, other than the commissioner, shall be eligible to hold said office of clerk of said commissioner and shall receive a salary for his services to be fixed by said commissioner, which salary shall be paid in equal monthly installments. Said clerk before entering upon his duties shall give bond, with some responsible surety company, authorized to do business in Georgia, as his surety, in the sum of fifty thousand dollars ($50,000.00), to be approved by said commissioner, the premium on said bond to be paid by the county, payable to the judge of the probate court of said county and his successors in office, and conditional for the faithful performance of his duties as such clerk, and to account for any and all funds, property or effects which may come into his hands as such clerk or otherwise, which said bond shall be filed with the judge of the probate court of said county, and recorded on his minutes, and may be sued on in like

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manner as the bond of said commissioner. He shall keep minutes of all meetings of said commissioner, an inventory of all properties, and such books and records as may be required of him by said commissioner, and do such other acts and things as may be required of him by law or by said commissioner. The clerk shall serve at the pleasure of the commissioner. Section 8. Purchasing. The Commissioner of Cherokee County, either himself or his 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 commissioner and subject to inspection by the grand jury or other interested citizens. All purchases shall be charged to Cherokee County; and before bills therefor are submitted to the commissioner for approval, they shall be audited and payment therefor recommended by the parties making such purchase; and if approved by the commissioner at a regular meeting of said commissioner, said approval shall be endorsed on said bills by the commissioner and a list thereof entered upon the minutes of the commissioner, and when this is done warrants therefor shall be regularly drawn, which warrants shall be signed by the commissioner and clerk as well as all other warrants drawn on the treasury shall be signed before payment thereof is made. Section 9. Superintendent of Roads and Bridges. The commissioner may, at his discretion and when he deems it necessary, appoint a superintendent of roads and bridges. Said superintendent shall devote his entire time to said duties as such superintendent and shall not engage in any other business. He shall receive such salary as may be fixed by the commissioner and shall hold his position at the pleasure of the commissioner. Section 10. Audits. The commissioner may have the books and accounts of the tax commissioner, custodian of all county funds, sheriff, superintendent of schools, commissioner, and such other officers as may be necessary, audited by a certified public accountant of this State after he takes charge of the affairs of said county to cover such period as he deems advisable, and every year thereafter. Said audit shall be filed in the office of said commissioner of said

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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 Cherokee County within 30 days after it shall have been completed. Section 11. Powers and Duties of the Commissioner. The said commissioner shall have and he is hereby vested with exclusive jurisdiction and control over the following, to wit: In directing, controlling and caring for all the property of the county according to law; in levying taxes according to law; in establishing, altering, abolishing public roads, private roads, private ways, bridges and ferries according to law; in establishing, abolishing, or changing election precincts and militia districts according to law; in 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 is he charged with frequently examining and auditing the books of all officers through whose hands any county funds must pass; he may require from all such officers, subject to an examination, such reports as may be necessary to keep such commissioner 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 law; to sue and be sued in the name of Cherokee 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 board of commissioners 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 commissioner

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shall have the authority to employ a competent attorney at law, resident of the county, as county attorney to advise the commissioner and represent the county in such matters as the commissioner may direct, who shall be paid such salary or compensation as the commissioner may direct, out of the regular funds of the county, with authority of said commissioner to fix his term of office or to discharge him at any time; in regulating peddling licenses according to law. Said commissioner 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 12. Receipt of Contributions. Said commissioner 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 13. Conflict of Interest. It shall be unlawful for said commissioner or the clerk of said commissioner to have any financial interest in the sale or purchase of any article to or from the county, or to receive any rebate, expense account, transportation, or other valuable consideration in connection with or through the purchase of any equipment, materials or supplies for the county, or the awarding of any contract for said county; and if said commissioner, or the clerk of said commissioner, shall knowingly or wilfully violate any provision of this Section, he shall be guilty of a misdemeanor and upon conviction shall be punished as prescribed by law and shall forfeit his office or be discharged from employment. Section 14. Semiannual Report. The commissioner shall publish not less than semiannually a report of all receipts and all disbursements of county funds.

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Section 2. Not less than 15 nor more than 30 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the Election Superintendent of Cherokee County to issue the call for an election for the purpose of submitting this Act to the voters of said county for approval or rejection. The election superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Cherokee County. The ballot shall have written or printed thereon the words: () YES () NO Shall the Act abolishing the Board of Commissioners of Cherokee County and recreating the office of Commissioner of Cherokee 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, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Cherokee County. It shall be the duty of the election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming a law without his approval. If the voters approve this Act at the referendum held as provided herein, all provisions of this Act shall become effective January 1, 1979; except that the provisions of this Act necessary for the election of the Commissioner of Cherokee County as provided for herein shall be effective for such purpose for the primaries and election conducted in 1978. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the office of Commissioner of Cherokee County, approved August 9, 1915 (Ga. Laws 1915, p. 177), as amended, so as to abolish the Board of Commissioners of Cherokee County and recreate the office of Commissioner of Cherokee County; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; and for other purposes. This 12th day of December, 1977. /s/ Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell Anderson, Sr. who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cherokee Tribune which is the official organ of Cherokee County, on the following dates: December 14, 21 and 28, 1977. /s/ Wendell Anderson, Sr. Representative, 8th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 7, 1978.

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CITY OF LYONSMAYOR'S TERM OF OFFICE, SPECIAL ELECTIONS. No. 769 (House Bill No. 1597). AN ACT To amend an Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, so as to provide for the mayor's term of office; to provide for notice of special elections; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Lyons, approved August 7, 1907 (Ga. Laws 1907, p. 765), as amended, is hereby amended by striking from Section 5 the following: and the mayor's term of office shall be for two years, and inserting in lieu thereof the following: and the mayor's term of office shall be for four years, and by striking therefrom the following: A special election may be called by the mayor and council to be held on some other day, first, giving twenty days' notice of such election by publication in a newspaper having general circulation in the City of Lyons, and by posting notices thereof, on the city hall door and at the Post Office and on the courthouse door in the City of Lyons, and inserting in lieu thereof the following: A special election may be called by the mayor and council to be held on some other day, but the date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality, as provided by Georgia law.,

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so that when so amended, Section 5 shall read as follows: Section 5. Be it further enacted that on the first Wednesday in March 1952, and biennially thereafter on the same date, an election shall be held in said city in manner and place hereafter provided for the purpose of electing a mayor and five councilmen for said city whose terms of office shall be as follows: At the first election hereunder, the mayor and councilmen from wards 1 and 3 shall be elected for a term of two years; the councilmen from wards 2 and 4 and the councilman at large shall be elected for a term of four years. Thereafter, the terms of office of all the councilmen shall be four years, and the mayor's term of office shall be four years. The terms of office shall begin the first day of April of each year following their election. The voters of the city as a whole shall elect all members of council. In case no election is held at the regular time provided herein, those selected shall serve until their successors are elected and qualified. A special election may be called by the mayor and council to be held on some other day, but the date of a special election shall be no earlier than 30 days and no later than 60 days after the call of such special election by the governing authority of the municipality, such call to be published promptly in a newspaper of general circulation in the municipality as provided by Georgia law. Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 3. 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 1978 session of the General Assembly of Georgia, a bill to amend the charter of the City of Lyons so as to provide for: the mayor's term of office; notice of special elections; repeal of conflicting laws; severability; and for other purposes. This the 3rd day of January, 1978. /s/ William T. Aiken, Mayor of the City of Lyons Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Dewey D. Rush who, on oath, deposes and says that he is Representative from the 121st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 13, 1978.

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CITY OF DACULANEW CHARTER. No. 771 (House Bill No. 1283). AN ACT To create a new charter for the City of Dacula; 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 for the exercise of judicial powers; to provide for continuance in office by certain officers; to provide for all other matters relative to the foregoing; to provide the procedures connected with and necessary to all of 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 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 Dacula, Georgia, and by that name shall have perpetual succession. 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 Dacula, 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

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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 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.

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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. 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.

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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 or two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 24 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) All meetings of the council shall be public to the extent required by general State law. 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 rollcall 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

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Mayor and Council of the City of Dacula 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 2.22. 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 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 force 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.

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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 Dacula, Georgia, 1978. 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) shall approve or veto all ordinances or motions passed by the council. However, a mayoral veto may be overridden by a 2/3 vote of the council at the next regular meeting of the council; (c) appoint and remove all officers, department heads, and employees of the city upon the advice and consent of the city council;

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(d) 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; (e) call special meetings of the council; (f) perform other duties as may be required by general State law, charter or ordinance. 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.

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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 Dacula. 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 of law for at least three years. The judge shall be appointed by the city council. The city council shall also have the power to remove the judge. Section 4.12. Convening. The recorder's court shall be convened at regular intervals determined by the council. 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.

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(f) The recorder's court shall not subject anyone to a fine greater than $500.00 or imprisonment greater than 90 days for each offense committed. 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 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.11. Regular Elections; Time for Holding. On the third Saturday in November 1978, 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 the case of a vacancy in the office of mayor or councilman, 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

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city. Such election shall be for the unexpired term of the mayor or councilman. 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. If the time remaining in the unexpired term is less than six months, the city council shall fill the vacancy by appointment and no election shall be held. Section 5.13. Other Provisions. Except as otherwise provided by this charter, the council shall, by ordinance, prescribe such rules and regulations as 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. Laws 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 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; (f) failure for any other cause to perform the duties of office as required by this charter or by law; or

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(g) by a recall election. A recall of an incumbent of an elective office shall be initiated upon a written request to that effect signed by at least thirty percent of the registered voters eligible to vote for such office in the last preceding general municipal election. The council shall prescribe rules and regulations governing the initiation and preparation of such written request and the procedures for holding the recall election. If at such election a majority of the registered voters voting in such recall election approve the recall of an incumbent, upon certification of the results of the election, the office shall be vacant. If a majority of the registered voters voting in a recall election shall disapprove the recall of an incumbent, he shall remain in office. ARTICLE VI FINANCE 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 to 92-4104, 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

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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 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.

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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 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.

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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. Laws 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 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

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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 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 Dacula in the County of Gwinnett, approved March 17, 1959 (Ga. Laws 1959, p. 3161), is hereby repealed in its entirety and any other amendatory acts not aforementioned are likewise repealed in their entirety. Section 7.17. Continuance in Office . 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. 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 1978 Session of the General Assembly of Georgia, a bill to create a new charter for the City of Dacula; 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 for the exercise of judicial powers; to provide for continuance in office by certain officers; to provide for all other matters relative to the foregoing; to provide the procedures connected with and necessary to all of the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. This 16th day of December, 1977. /s/ Vinson Wall Representative, 61st District

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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 Gwinnett Daily News which is the official organ of Gwinnett County on the following dates: December 16, 23 and 30, 1977. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 21, 1978. PULASKI COUNTYDEPUTY SHERIFFS. No. 777 (House Bill No. 1467). AN ACT To amend an Act placing the Sheriff of Pulaski County upon an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2612), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3678), so as to change the compensation of 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. Laws 1965, p. 2612), as amended, particularly by an Act approved March 23,

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1977 (Ga. Laws 1977, p. 3678), 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 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 and two additional deputies who shall each be compensated in the amount of $8,820.00 per annum, payable in equal monthly installments from the funds of Pulaski County. After the first year of receiving the salary specified in this Section and continuing for the next four years, in each of such years the compensation of any one or more of the 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 2. This Act shall become effective on the first 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. This is to say that I intend to introduce a bill at the regular session of the General Assembly beginning Jan. 9th, 1977, the bill to effect the Deputy Sheriff salary in Pulaski County. /s/ Ben Jessup Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation

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was published in the The Dispatch and News which is the official organ of Pulaski County, on the following dates: December 14, 21, and 28, 1977. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 16th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 24, 1978. DOUGHERTY COUNTYBOARD OF COUNTY COMMISSIONERS. No. 778 (House Bill No. 1650). AN ACT To amend an Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. Laws 1941, p. 834), as amended, particularly by an Act approved March 7, 1955 (Ga. Laws 1955, p. 2847), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2319), an Act approved March 11, 1975 (Ga. Laws 1975, p. 2656), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4041), so as to change the composition of the Board of Commissioners of Dougherty County; to provide for the election of the members of said Board; to provide for filling vacancies on said Board; to provide for procedures, requirements and other matters relative to the foregoing; to provide effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Dougherty County, approved March 4, 1941 (Ga. Laws 1941, p. 834), as amended, particularly by an Act approved March 7, 1955

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(Ga. Laws 1955, p. 2847), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2319), an Act approved March 11, 1975 (Ga. Laws 1975, p. 2656), and by an Act approved March 23, 1977 (Ga. Laws 1977, p. 4041), is hereby amended by striking Sections 1, 1A and 2 in their entirety and substituting in lieu thereof two new Sections to be designated Sections 1 and 2 and to read as follows: Section 1. (a) The Board of Commissioners of Dougherty County shall be composed of a Chairman and six other members. The Chairman shall be elected from the county at large. The remaining six members shall be elected from Commission Districts composed of portions of Dougherty County as hereinafter provided. All of such members shall be elected at the times and in the manner provided for hereinafter. (b) All members of the Board of Commissioners shall be qualified electors of Dougherty County. The Chairman of the Board shall have been a resident of Dougherty County for at least one year prior to the date he takes office, and each of the other Commissioners shall have been a resident of his respective Commission District for at least six months prior to the date of taking office. In the event the Chairman ceases to be a resident of Dougherty County during his term of office or in the event any member ceases to be a resident of his respective Commission District during his term of office, a vacancy shall thereby be created and shall be filled in the manner hereinafter provided. The Chairman of the Board shall be elected by the qualified electors of the entire county. Each of the other members shall be elected by the qualified electors of Dougherty County residing within his respective Commission District. Any person wishing to offer as a candidate for Chairman shall offer as a candidate for that office. Any person offering as a candidate for Commissioner other than Chairman shall designate the Commission District for which he is offering. The Chairman and all other members of the Board shall be nominated and elected in accordance with the provisions of Code Title 34, known as the `Georgia Election Code,' as now or hereafter amended. (c) For the purpose of electing the members of the Board of Commissioners, other than the Chairman, Dougherty County shall be divided into six Commission Districts as follows: Commission District 1 shall consist of the following described area of Dougherty County:

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Commencing at the intersection of the centerline of Dawson Road (U.S. 82) and Old Dawson Road; thence running in a westerly direction along the centerline of Old Dawson Road to the centerline of Beattie Road; thence running in a southerly direction along the centerline of Beattie Road to the centerline of Gillionville Road (State Route 234); thence running in a westerly direction along the centerline of Gillionville Road (State Route 234) to the west line of Land Lot 87, Second Land District; thence running in a southerly direction along the west line of Land Lots 87 and 114 to the south line of Land Lot 114; thence running in an easterly direction along the south line of Land Lot 114 to the centerline of Cooleewahee Creek; thence running in a southerly direction along the centerline of Cooleewahee Creek to the centerline of Percosin Creek; thence running in a northeasterly direction along the centerline of Percosin Creek to the centerline of Westover Road; thence running in a southerly direction along the centerline of Westover Road to the centerline of Oakridge Drive; thence running in an easterly direction along the centerline of Oakridge Drive to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Boulevard to the centerline of Lippitt Drive; thence running in an easterly direction along the centerline of Lippitt Drive to the centerline of South McKinley Street; thence running in a northerly direction along the centerline of South McKinley Street to the centerline of Cherry Avenue; thence running in an easterly direction along the centerline of Cherry Avenue to the centerline of Newton Road (State Route 91); thence running in a northeasterly direction along the centerline of Newton Road to the centerline of South Monroe Street; thence running in a northerly direction along the centerline of South Monroe Street to the centerline of Oglethorpe Boulevard; thence running in a westerly direction along the centerline of Oglethorpe Boulevard to the centerline of Davis Street; thence running in a northerly direction along the centerline of Davis Street to the centerline of West Broad Avenue; thence running in a westerly direction along the centerline of West Broad Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Boulevard to the centerline of Gillionville Road (State Route 234); thence running in a westerly direction along the centerline of Gillionville Road (State Route 234) to the centerline of Dalewood Drive; thence running in a northeasterly direction along the centerline of Dalewood Drive to the centerline of Lullwater Road; thence running in a northerly direction along the centerline of Lullwater Road to the centerline of Dawson

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Road (U.S. Route 82); thence running in a northwesterly direction along the centerline of Dawson Road (U.S. Route 82) to the centerline of Old Dawson Road. Commission District 2 shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Oglethorpe Boulevard and the centerline of the Flint River; thence running in a westerly direction along the centerline of Oglethorpe Boulevard to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of South Jackson Street; thence running in a northerly direction along the centerline of South Jackson Street to the centerline of Holloway Avenue; thence running in a westerly direction along the centerline of Holloway Avenue to the centerline of Newton Road (S.R. 91); thence running in a northeasterly direction along the centerline of Newton Road to the centerline of Cherry Avenue; thence running in a westerly direction along the centerline of Cherry Avenue to the centerline of South McKinley Street; thence running in a southerly direction along the centerline of South McKinley Street to the centerline of Lippitt Drive; thence running in an easterly direction along the centerline of Lippitt Drive to the centerline of Newton Road (S.R. 91); thence running in a southwesterly direction along the centerline of Newton Road to the centerline of Moab Road; thence running in a southeasterly direction along the centerline of Moab Road to the centerline of County Drainage Canal; thence running in a southerly direction along the centerline of County Drainage Canal to the centerline of an East-West County Drainage Canal; thence running in an easterly direction along the centerline of an East-West County Drainage Canal to the East Line of Land Lot 360, First Land District; thence running in a southerly direction along the East Line of Land Lot 360 and 359, First Land District to the corner common to Land Lot Number 358, 359, 339 and 338; thence running in an easterly direction along the Land Lot Line between Land Lots Number 338 and 339 to the centerline of Martin Luther King, Jr. Drive; thence running in a northerly direction along the centerline of Martin Luther King, Jr. Drive to the north line of Land Lot 319; thence running in an easterly direction

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along the north line of Land Lot 319 and 305 to the centerline of the Flint River; thence running in a southerly direction along the centerline of the Flint River to the centerline of the Marine Corps Drainage Canal; thence running in a northeasterly direction along the centerline of the Marine Corps Drainage Canal to the centerline of the Seaboard Coastline Railroad; thence running in a northerly direction along the centerline of the Seaboard Coastline Railroad to a point where the north side of Whitney Avenue Projected East intersects the Seaboard Coastline Railroad; thence running in a westerly direction along the north line of Whitney Avenue Projected East to the centerline of Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of Oglethorpe Boulevard. Commission District 3 shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Oglethorpe Boulevard and the centerline of the Flint River; thence running in a westerly direction along the centerline of Oglethorpe Boulevard to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of Mercer Avenue; thence running in a westerly direction along the centerline of Mercer Avenue to the centerline of Front Street; thence running in a southerly direction along the centerline of Front Street to the centerline of South Jackson Street; thence running in a northerly direction along the centerline of South Jackson Street to the centerline of Holloway Avenue; thence running in a westerly direction along the centerline of Holloway Avenue to the centerline of Newton Road (State Route 91); thence running in a northeasterly direction along the centerline of Newton Road (State Route 91) to the centerline of South Monroe Street; thence running in a northerly direction along the centerline of South Monroe Street to the centerline of Oglethorpe Boulevard; thence running in a westerly direction along the centerline of Oglethorpe Boulevard to the centerline of South Davis Street; thence running in a northerly direction along the centerline of South Davis Street to the centerline of Broad Avenue; thence running in a westerly direction along the centerline of Broad Avenue to the centerline of Slappey Boulevard; thence running in a northerly direction along the centerline of Slappey Boulevard to the centerline of the Central of Georgia Railroad; thence running in a northeasterly direction along the centerline of the Central of Georgia Railroad to

Page 3063

the centerline of McKinley Street; thence running in a northerly direction along the centerline of McKinley Street to the centerline of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North VanBuren Street; thence running in a northerly direction along the centerline of North VanBuren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third Avenue to the centerline of North Jefferson Street; thence running in a northerly direction along the centerline of North Jefferson Street to the centerline of the Seaboard Coastline Railroad; thence running in a southeasterly direction along the centerline of the Seaboard Coastline Railroad to the centerline of East Roosevelt Avenue; thence running in an easterly direction along the centerline of East Roosevelt Avenue to the centerline of Swift Street; thence running in a northerly direction along the centerline of Swift Street to the centerline of East Fourth Avenue; thence running in an easterly direction along the centerline of East Fourth Avenue to the centerline of Maple Street; thence running in a southerly direction along the centerline of Maple Street to the centerline of Clark Avenue; thence running in an easterly direction along the centerline of Clark Avenue to the centerline of Liberty Expressway; thence running in a southerly direction along the centerline of Liberty Expressway to the centerline of East Oglethorpe Boulevard (U.S. Route 82); thence running in a westerly direction along the centerline of East Oglethorpe Boulevard (U. S. 82) to the centerline of the Seaboard Coastline Railroad; thence running in a southerly direction along the centerline of the Seaboard Coastline Railroad to a point where the northside of Whitney Avenue projected East intersects the Seaboard Coastline Railroad; thence running in a westerly direction along the northline of Whitney Avenue projected East to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the centerline of Oglethorpe Boulevard. Commission District 4 shall consist of the following described area of Dougherty County: Commencing at the north line of Dougherty County and its intersection with the centerline of Slappey Boulevard (U. S. Route 19); thence running in a southerly direction along the centerline of Slappey Boulevard to the centerline of Stuart Avenue; thence running in a westerly direction along the centerline of Stuart

Page 3064

Avenue to the centerline of Greenwood Drive; thence running in a southerly direction along the centerline of Greenwood Drive to the centerline of Whispering Pines Road; thence running in a westerly direction along the centerline of Whispering Pines Road to the centerline of Dawson Road (U. S. 82); thence running in a southeasterly direction along the centerline of Dawson Road (U. S. 82) to the centerline of Lullwater Road; thence running in a southerly direction along the centerline of Lullwater Road to the centerline of Dalewood Drive; thence running in a southwesterly direction along the centerline of Dalewood Drive to the centerline of Gillionville Road (S. R. 234); thence running in an easterly direction along the centerline of Gillionville Road to the centerline of Slappey Boulevard; thence running in a southerly direction along the centerline of Slappey Boulevard to the centerline of the Central of Georgia Railroad; thence running in an easterly direction along the centerline of the Central of Georgia Railroad to the centerline of North McKinley Street; thence running a northerly direction along the centerline of North McKinley Street to the centerline of Residence Avenue; thence running in a westerly direction along the centerline of Residence Avenue to the centerline of North VanBuren Street; thence running in a northerly direction along the centerline of North VanBuren Street to the centerline of Third Avenue; thence running in an easterly direction along the centerline of Third Avenue to the centerline of North Jefferson Street; thence running in a northerly direction along the centerline of North Jefferson Street to the centerline of the Seaboard Coastline Railroad; thence running in a southeasterly direction along the centerline of the Seaboard Coastline Railroad to the centerline of East Roosevelt Avenue; thence running in an easterly direction along the centerline of East Roosevelt Avenue to the centerline of Swift Street; thence running in a northerly direction along the centerline of Swift Street to the centerline of East Fourth Avenue; thence running in an easterly direction along the centerline of East Fourth Avenue to the centerline of Maple Street; thence running in a southerly direction along the centerline of Maple Street to the centerline of Clark Avenue; thence running in an easterly direction along the centerline of Clark Avenue to the centerline of Turner Field Road; thence running in a northerly direction along the centerline of Turner Field Road to the north line of Land Lot 193, First Land District; thence running in a westerly direction along the north line of Land Lot 193 and 199 a distance of 520 feet to a point; thence running in a northerly direction a distance of 1400 feet to a point; thence running in a westerly direction a

Page 3065

distance of 880 feet to a point; thence running in northerly direction a distance of 1028 feet to a point; thence running in a northeasterly direction a distance of 940 feet to a point; thence running in a northerly direction to the centerline of the Flint River; thence running in an easterly direction along the centerline of the Flint River to the Dougherty County-Lee County line; thence running in a westerly direction along the north line of Dougherty County to the centerline of Slappey Boulevard. Commission District 5 shall consist of the following described area of Dougherty County: Commencing at the north line of Dougherty County and its intersection with the centerline of Slappey Boulevard (U.S. 19); thence running in a westerly direction along the north line of Dougherty County to the west line of Dougherty County; thence running in a southerly direction along the west line of Dougherty County to the south line of Dougherty County; thence running in an easterly direction along the south line of Dougherty County to the centerline of Dixie Highway (Radium Springs Road - S.R. 3); thence running in a northerly direction along Dixie Highway (Radium Springs Road - S.R. 3) to the centerline of School Bus Road; thence running in an easterly direction along the centerline of School Bus Road to the centerline of the Seaboard Coastline Railroad; thence running in a northerly direction along the centerline of the Seaboard Coastline Railroad to the centerline of the Marine Corps Drainage Canal; thence running in a southwesterly direction along the centerline of the Marine Corps Drainage Canal to the centerline of the Flint River; thence running in a northerly direction along the centerline of the Flint River to the north line of Land Lot 305, First Land District; thence running in a westerly direction along the north line of Land Lots 305 and 319 to the centerline of Martin Luther King, Jr. Drive; thence running in a southerly direction along the centerline of Martin Luther King, Jr. Drive to the north line of Land Lot 339; thence running in a westerly direction along the north line of Land Lot 339 to the east line of Land Lot 359; thence running in a northerly direction along the east line of Land Lots Number 359 and 360 to the centerline of the East-West County Drainage Canal; thence running in a westerly direction along the centerline of the East-West County Drainage Canal to the centerline of a North-South County Drainage Canal; thence running in a northeasterly direction along the centerline of a North-South County Drainage Canal to the centerline

Page 3066

of Moab Road; thence running in a westerly direction along the centerline of Moab Road to the centerline of Newton Road (S.R. 91); thence running in a northeasterly direction along the centerline of Newton Road (S.R. 91) to the centerline of Lippitt Drive; thence running in a westerly direction along the centerline of Lippitt Drive to the centerline of Slappey Boulevard; thence running in a southerly direction along the centerline of Slappey Boulevard to the centerline of Oakridge Drive; thence running in a westerly direction along the centerline of Oakridge Drive to the centerline of Westover Road; thence running in a northerly direction along the centerline of Westover Road to the centerline of the Percosin Creek Drainage Canal; thence running in a southwesterly direction along the centerline of Percosin Creek to the centerline of the Cooleewahee Creek; thence running in a northerly direction along the centerline of Cooleewahee Creek to the South line of Land Lot 114, Second Land District; thence running in a westerly direction along the south line of Land Lot 114 to the west line of Land Lot 114; thence running in a northerly direction along the west line of Land Lot 114 and 87 to the centerline of Gillionville Road (S.R. 234); thence running in an easterly direction along the centerline of Gillionville Road (S.R. 234) to the centerline of Beattie Road; thence running in a northerly direction along the centerline of Beattie Road to the centerline of Old Dawson Road; thence running in an easterly direction along the centerline of Old Dawson Road to the centerline of Dawson Road (U.S. 82); thence running in a southeasterly direction along the centerline of Dawson Road (U.S. 82) to the centerline of Whispering Pines Road; thence running in an easterly direction along the centerline of Whispering Pines Road to the centerline of Greenwood Drive; thence running in a northerly direction along the centerline of Greenwood Drive to the centerline of Stuart Avenue; thence running in an easterly direction along the centerline of Stuart Avenue to the centerline of Slappey Boulevard (U.S. 19); thence running in a northerly direction along the centerline of Slappey Boulevard to the north line of Dougherty County. Commission District 6 shall consist of the following described area of Dougherty County: Commencing at the intersection of the centerline of Dixie Highway (Radium Springs Road - State Route 3) and the south line of Dougherty County; thence running in a northerly direction along the centerline of Dixie Highway (Radium Springs Road - State Route 3)

Page 3067

to the centerline of School Bus Road; thence running in an easterly direction along the centerline of School Bus Road to the centerline of the Seaboard Coastline Railroad; thence running in a northerly direction along the centerline of the Seaboard Coastline Railroad to the centerline of East Oglethorpe Boulevard (U.S. 82); thence running in an easterly direction along the centerline of East Oglethorpe Boulevard (U.S. 82) to the centerline of the Liberty Expressway; thence running in a northerly direction along the centerline of Liberty Expressway to the centerline of Clark Avenue; thence running in an easterly direction along the centerline of Clark Avenue to the centerline of Turner Field Road; thence running in a northerly direction along the centerline of Turner Field Road to the north line of Land Lot 193, First Land District; thence running in a westerly direction along the north line of Land Lot 193 and 199 a distance of 520 feet to a point; thence running in a northerly direction a distance of 1400 feet to a point; thence running in a westerly direction a distance of 880 feet to a point; thence running in a northerly direction a distance of 1028 feet to a point; thence running in a northeasterly direction a distance of 940 feet to a point; thence running in a northerly direction to the centerline of the Flint River; thence running in an easterly direction along the centerline of the Flint River to the Dougherty County-Lee County Line; thence running in a northeasterly direction along the centerline of the Flint River and the Lee-Dougherty County Line to the north Dougherty County Line (Worth-Dougherty County Line); thence running in an easterly direction along the north line of Dougherty County (Worth-Dougherty County Line) to the East line of Dougherty County; thence running in a southerly direction along the East line of Dougherty County (Worth-Dougherty County Line) to the South line of Dougherty County (Mitchell-Dougherty County Line); thence running in a westerly direction along the South line of Dougherty County (Mitchell-Dougherty County Line) to the centerline of Dixie Highway (Radium Spring Road-State Route 3). In the event any portion of Dougherty County is not included in any of the above described Commission Districts, then such portion shall be placed in that Commission District contiguous to such portion which has the least population according to the United States Decennial Census of 1970 or any future such census. Section 2. (a) The first members of the Board of Commissioners provided for herein shall be elected as follows:

Page 3068

(1) The Chairman shall be elected at the general election of 1978 and shall take office on the first day of January, 1979, for a term of four years and until his successor is elected and qualified. (2) The member from Commission District 3 shall be elected at the general election of 1978 and shall take office on the first day of January, 1979, for an initial term of two years and until his successor is elected and qualified. (3) The members from Commission Districts 2, 4 and 6 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. (4) The members from Commission Districts 1 and 5 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. (b) Successors to the Chairman and other members elected pursuant to subsection (a) hereof shall be elected at the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) For the period beginning January 1, 1979, and ending December 31, 1980, the Board of Commissioners of Dougherty County shall consist of the Chairman and four members elected pursuant to paragraphs (1) through (3) of subsection (a) of this Section and the two incumbent members of the present Board of Commissioners of Dougherty County whose regular terms of office expire on December 31, 1980. During such period of time said two incumbent members shall be deemed to be the Commissioners from Commission Districts 1 and 5, and at the first regular meeting of the Board held in January, 1979, the Board, by resolution, shall designate the incumbent Commissioner who shall represent Commission District 1 and the incumbent Commissioner who shall represent Commission District 5.

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Section 2. Said Act is further amended by striking Sections 4 and 5 in their entirety and substituting in lieu thereof new Sections 4 and 5 to read as follows: Section 4. (a) The Chairman of the Board of Commissioners shall preside at all meetings of the Board and shall be a full voting member of the Board for all purposes, but the Chairman shall not have any veto power. The Chairman shall call meetings of the Board as hereinafter provided and as requested by a majority of the members of the Board. The Chairman shall also appoint members and chairmen of all committees of the Board. The Chairman shall be recognized as the official head of Dougherty County by State, federal and other authorities for military and ceremonial functions. In time of danger or emergency the Chairman may, with consent of two Commissioners, take command of the police and govern the county by proclamation and maintain order and enforce laws. (b) The Board of Commissioners may elect from its membership a Vice-Chairman to serve at the pleasure of the Board. The Vice-Chairman shall preside at meetings of the Board in the absence, disability or disqualification of the Chairman and during a vacancy in the office of Chairman until such vacancy is filled as hereinafter provided. The Vice-Chairman shall receive no additional salary for service as Vice-Chairman, and his rights and duties as a member of the Board shall not be impaired by reason of such service as Vice-Chairman. (c) The Board of Commissioners shall hold a regular meeting at 10 o'clock a.m. on the first and third Mondays of every month at the Dougherty County Courthouse, and they may hold special meetings at any time and at any place within the county that their duties may require. Four members of the Board shall constitute a quorum for the transaction of business, but the concurrence of at least four commissioners shall be necessary to take official action. Section 5. (a) In the event of a vacancy in the membership of the Board of Commissioners of Dougherty County because of death, resignation, removal of residency from the county or Commission District, or for any other reason, said vacancy shall be filled as hereinafter provided. (1) If the unexpired term is six months or less, the remaining members of said Board of Commissioners, within 30 days

Page 3070

after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy for the unexpired term. (2) If the unexpired term is more than six months and a `November election', as defined by subsection (m) of Code Section 34-103 of the `Georgia Election Code', as amended, will be held within 180 days, but not less than 30 days, after the occurrence of the vacancy, then the remaining members of said Board of Commissioners, within 30 days after the occurrence of said vacancy, shall appoint a qualified person to serve until the vacancy is filled for the remaining unexpired term by a person elected at a special election called for the same date as the November election as hereinafter provided. The Board of Elections of Dougherty County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the remaining unexpired term, and said Board shall set the date of said special election for the same date as the November election. The call for said special election shall be issued not more than 45 days nor less than 30 days prior to the date of said special election. In the event the remaining term is more than six months but the vacancy occurs within less than 30 days prior to the date of the next November election, as herein defined, then such vacancy shall be filled in the manner prescribed by paragraph (3) hereof. (3) If the unexpired term is more than six months and a November election, as hereinabove defined, will not be held within 180 days and at least 30 days after the occurrence of the vacancy, then within 30 days after the occurrence of said vacancy, the Board of Elections of Dougherty County shall issue the call for a special election for the purpose of electing a qualified person to fill the vacancy for the unexpired term. Said Board shall set the date of said special election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. (b) When a vacancy occurs in the office of Chairman of the Board of Commissioners, the person elected or appointed to fill said vacancy, as the case may be, may reside anywhere within the territorial limits of Dougherty County, and when filled by a special election, the qualified electors of the entire county of Dougherty shall be eligible to vote at said special election. When the vacancy occurs in the office of a District Commissioner, the person elected or appointed

Page 3071

to fill said vacancy, as the case may be, shall be a resident of the Commission District wherein the vacancy exists, and when filled by a special election, only the qualified electors of Dougherty County who reside within the Commission District wherein the vacancy exists shall be eligible to vote at said special election. Persons elected or appointed to fill vacancies as provided by this Section shall be subject to the same qualifications as required of other persons elected to the office of Chairman or Commissioner of Dougherty County. (c) The provisions of Code Title 34, known as the `Georgia Election Code', as amended, shall apply to special elections to fill vacancies provided for in this Section. Section 3. Said Act is further amended by repealing Section 14 in its entirety. Section 4. Except for the provisions of this Act relating to and necessary for the election of the members of the Board of Commissioners of Dougherty County at the general election of 1978, the provisions of this Act shall become effective on January 1, 1979. The provisions of this Act relative to and necessary for the election of said members of said Board of Commissioners at the general election of 1978 shall become effective upon the approval of this Act by the Governor or upon its otherwise becoming 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 Legal Legislation. Notice is hereby given that there will be introducted at the regular 1978 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 8th day December, 1977. /s/ Charles Hatcher Representative, 131st District

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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 14, 1977, December 21, 1977 and December 28, 1977. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Jett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved February 24, 1978. SEMINOLE COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 781 (Senate Bill No. 584). AN ACT To amend an Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, approved March 31, 1967 (Ga. Laws 1967, p. 2335), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3007) and an Act approved February 27, 1976 (Ga. Laws 1976, p. 2781), so as to change the compensation of said clerk; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

Page 3073

Section 1. An Act placing the Clerk of the Superior Court of Seminole County upon an annual salary, approved March 31, 1967 (Ga. Laws 1967, p. 2335), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 3007) and an Act approved February 27, 1976 (Ga. Laws 1976, p. 2781), is hereby amended by striking from Section 2 the following: $12,000.00, and substituting in lieu thereof the following: $16,500.00, so that when so amended, Section 2 shall read as follows: Section 2. The clerk shall receive an annual salary of $16,500.00, payable in equal monthly installments from the funds of Seminole 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 Session of the General Assembly of Georgia, a Bill to change the compensation of the Clerk of the Superior Court of Seminole County, and for other purposes. Seminole County Board of Commissioners /s/ Joe Spooner Chairman ATTEST: /s/ Louise Alday Clerk

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 5, 12 and 19, 1978. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 25th day of January, 1978. /s/ Elizabeth Ann Jett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1978. SEMINOLE COUNTYSALARY OF SHERIFF. No. 782 (Senate Bill No. 585). AN ACT To amend an Act providing for the compensation of the Sheriff of Seminole County, approved February 18, 1966 (Ga. Laws 1966, p. 2058), as amended by an Act approved April 10, 1969 (Ga. Laws 1969, p. 2605), so as to change the compensation of the sheriff; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Sheriff of Seminole County, approved February 18, 1966 (Ga. Laws 1966, p. 2058), as amended by an Act approved April 10, 1969 (Ga. Laws

Page 3075

1969, p. 2605), is hereby amended by striking from Section 1 the following: $7,600.00, and inserting in lieu thereof the following: $16,500.00, so that when so amended Section 1 shall read as follows: Section 1. The Sheriff of Seminole County shall receive an annual salary in the amount of $16,500.00 payable in equal monthly installments from the funds of Seminole 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 Session of the General Assembly of Georgia, a Bill to change the compensation of the Sheriff of Seminole County, and for other purposes. Seminole County Board of Commissioners /s/ Joe Spooner Chairman ATTEST: /s/ Louise Alday Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and

Page 3076

that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 5, 12 and 19, 1978. /s/ Jimmy Hodge Timmons Senator, 11th District Sworn to and subscribed before me, this 25th day of January, 1978. /s/ Elizabeth Ann Jett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1978. SEMINOLE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 783 (Senate Bill No. 586). AN ACT To amend an Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. Laws 1920, p. 610), as amended, so as to change the compensation of members of the Board of Commissioners of Seminole County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Board of Commissioners of Seminole County, approved August 16, 1920 (Ga. Laws 1920, p. 610), as amended, is hereby amended by striking from Section 3 the following: The members of the Board of such Commissioners shall receive as compensation for their services the sum of $3.00 per day for each day spent in the discharge of the duties of their office.

Page 3077

Section 2. Said Act is further amended by adding, following Section 3, a new Section 3A, to read as follows: Section 3A. Each member of the Board of Commissioners of Seminole County shall receive as compensation for his services the sum of $1,200.00 per annum, to be paid in equal monthly installments from the funds of Seminole 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 General Assembly of Georgia, a Bill to change the compensation of the Board of Commissioners of Seminole County, and for other purposes. Seminole County Board of Commissioners /s/ Joe Spooner Chairman ATTEST: /s/ Louise Alday Clerk Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jimmy Hodge Timmons who, on oath, deposes and says that he is Senator from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Donalsonville News which is the official organ of Seminole County, on the following dates: January 5, 12 and 19, 1978. /s/ Jimmy Hodge Timmons Senator, 11th District

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Sworn to and subscribed before me, this 25th day of January, 1978. /s/ Elizabeth Ann Jett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 2, 1978. DAWSON COUNTYCLERK OF PROBATE COURT. No. 801 (House Bill No. 1803). AN ACT To amend an Act placing the Clerk of the Superior Court and Judge of Probate Court of Dawson County upon an annual salary, approved February 27, 1969 (Ga. Laws 1969, p. 2110), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2433), so as to provide for a clerk for the judge of probate court; to provide for appointment and salary of that clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court and Judge of Probate Court of Dawson County upon an annual salary, approved February 27, 1969 (Ga. Laws 1969, p. 2110), as amended, particularly by an Act approved March 21, 1974 (Ga. Laws 1974, p. 2433), is hereby amended by inserting at the end of Section 3 the following: The judge of the probate court shall have the authority to appoint a clerk. It shall be within the sole power and discretion of the judge of the probate court, during his term of office, to designate the person who shall be employed as the clerk and to prescribe his duties and to remove and replace the clerk at will. The clerk shall receive an annual salary of $4,800 payable in equal monthly installments from the funds of Dawson 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. Notice is hereby given that there will be introduced at the Regular 1978 Session of the General Assembly of Georgia, a bill to provide the compensation for a clerk of the Probate Court of Dawson County. This 7th day of January, 1978. /s/ Max Looper Representative, 8th District 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/she 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: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ Max R. Looper Representative, 8th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved March 7, 1978.

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TAYLOR COUNTYSHERIFF'S SALARY. No. 802 (House Bill No. 2013). AN ACT To amend an Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation, approved March 11, 1965 (Ga. Laws 1965, p. 2291), as amended, so as to change the provisions relative to the compensation of the Sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Taylor County on a salary in lieu of the fee system of compensation, approved March 11, 1965 (Ga. Laws 1965, p. 2291), as amended, is hereby amended by adding a new Section 1A between Sections 1 and 2 to read as follows: Section 1A. (a) Except as hereinafter provided, the Sheriff shall receive an annual salary of $15,600.00 payable in equal monthly installments from the funds of Taylor County. (b) The salary provided by subsection (a) of this Section shall apply only to a sheriff who has held office for 30 or more years of consecutive service. In the event a new sheriff takes office, such new sheriff shall receive the compensation provided for by an Act providing minimum salaries for the county sheriffs of the State of Georgia to be paid from county funds, approved April 2, 1971 (Ga. Laws 1971, p. 380), as now or hereafter amended. Section 2. Said Act is further amended by striking the first sentence of Section 2 in its entirety. 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 a bill introduced in the 1978 session of Georgia General Assembly to change the compensation of the Taylor County Sheriff's office and for other purposes. This 6th day of February, 1978. Taylor County Commissioners /s/ Emory Harris Clerk 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/she 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: February 9, 16 and 23, 1978. /s/ Ward Edwards Representative, 110th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved March 7, 1978. CITY OF WARNER ROBINSNEW CHARTER. No. 803 (House Bill No. 1690). AN ACT To provide a new charter for the City of Warner Robins in the County of Houston; 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

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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 repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: PART I Incorporation, Powers, Boundaries Section 1-101. Incorporation; name. The City of Warner Robins, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Warner Robins (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 as are now or hereafter granted to municipal corporations by the Constitution, by the general laws of the State of Georgia and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia or by 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 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 including, but not limited to, the abandonment of any easement when deemed desirable by the city; and may have a common seal and alter it at will. Section 1-103. Special powers. The city may acquire, construct and maintain, by condemnation or otherwise, inside or outside the city limits, public ways, parks, public grounds, cemeteries, markets,

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market houses, public buildings, libraries, sewers, drains, sewage treatment or waterworks systems, 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. 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 immediately prior to the effective date of this Section 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 Warner Robins, 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. Section 1-106. Annexation of territory; elections. (a) Upon presentation of a petition signed by a majority of persons residing in territory contiguous to the territorial limits of the city, the mayor and council may, in their discretion, call a special election to be held not less than 30 days nor more than 60 days from the presentation of the petition, at which election the qualified voters of the contiguous territory shall vote for or against annexation of such territory into the city. The mayor and council shall provide by ordinance for the mode and manner in which the election is held, the vote consolidated and the result determined in a manner consistent with general State law.

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(b) Only those persons residing in such territory who are qualified to vote for members of the General Assembly from Houston County and shall have registered as prescribed by the mayor and council shall be entitled to vote at said election. (c) Simultaneously with the election to be held by the residents of the territory requesting annexation, the mayor and council shall cause to be held a special election by the qualified and registered voters of the then territorial limits of the city, at which election the voters shall vote for or against annexation of said territory. Said election shall be held in accordance with general State law respecting all municipal elections, and the mayor and council shall have power and authority to prescribe other rules and regulations not inconsistent therewith. (d) In the event a majority of the voters at each of said elections shall vote for annexation, the mayor and council shall adopt an appropriate ordinance to accomplish the inclusion of the territory in the corporate limits. Declarations of the results of such elections and contest thereof shall be governed by the provisions of general State law. PART II The Mayor and Council CHAPTER 1 General Provisions Section 2-101. Creation, composition, term of office. There shall be a mayor and council composed of the mayor and six council members elected as provided in Part III of this charter for four-year terms and until their successors are elected and qualified. The mayor and council shall act as the legislative body of the city. Section 2-102. Qualifications. To be eligible for election or appointment to the mayor and council, a person, at the time of election or appointment, must: (a) have attained the age of 18 years; (b) have resided in the city for three months and continue in such residence during the term of office; (c) be a qualified elector of the city; and (d) meet any other requirements as may be established by general State law.

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Section 2-103. Compensation. The mayor and council members shall receive as compensation for their services an amount fixed by ordinance as provided by general State law. In addition, the mayor and council members shall receive their expenses incurred in the performance of their official duties in the manner provided by ordinance. CHAPTER 2 Powers of the Mayor and Council Section 2-201. General powers. Except as is otherwise provided by this charter, all powers of the city shall be vested in the mayor and council. Section 2-202. Execution of powers. The mayor and council shall provide for the execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers, agencies or employees, granted by this charter or general law unless otherwise authorized by State law or this charter. Section 2-203. Specific powers, duties and limitations. Without otherwise limiting the general powers of the mayor and council, it shall: (a) adopt all annual appropriations for the city and any supplements or amendments the mayor and council deems necessary from time to time during the fiscal year; (b) adopt 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 ordinances providing for all governmental reorganizations, 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 personnel policies it deems necessary for an adequate and systematic handling of personnel affairs;

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(e) appoint or remove, by motion, a city attorney, municipal judge and members of any board, commission or authority of the city unless otherwise provided by general State law or this charter; (f) remove or reinstate, within 30 days, any appointed city officer suspended by the mayor; (g) adopt any ordinance which prescribes 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; provided, the city shall pay any premiums on such bonds; (h) adopt any resolution or motion expressing the mayor and council's opinion on any subject or, where authorized by ordinance, approve by motion the issuance of any license or permit of the city; (i) establish and appoint, by resolution, any committee of citizens to advise the mayor and council as it deems necessary; provided, however, that the term of such committee shall automatically expire within one year of its creation if not earlier abolished by the mayor and council; and (j) adopt any other ordinance or amendment to this charter as is 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 State law or this charter. Section 2-204. Independent audits. The mayor and council shall provide, by resolution, for an independent annual audit of all city accounts and may similarly 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 mayor and council may, without requiring competitive bids, designate by resolution 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 90 days after the beginning of the fiscal year. The mayor and council may also provide by resolution for special independent audits of any office, department, board, commission or other agency of the city.

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Section 2-205. 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 or agency of the city or any joint city/county or independent commission, board or authority of the city. For this purpose, the mayor and council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in the same manner as the Superior Court of Houston County. Any person who fails or refuses to obey a lawful order issued in the exercise of this power by the mayor and council may be held in contempt 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 Houston County from a council contempt conviction is allowed as for any conviction in the municipal court. CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor. (a) The mayor, as chief legislative officer of the city, shall: (1) preside at all meetings of the mayor and council; (2) appoint or abolish any council committees and appoint members thereof; (3) convene special meetings of the mayor and council as provided in this charter; and (4) have the power to administer oaths and to take affidavits. (b) The mayor shall be the chief executive officer and the head of the administrative branch of the city government. The mayor shall exercise supervision and control over all departments and agencies of the city unless otherwise provided by general State law or this charter. The mayor must devote all of his or her working time and attention to the affairs of the city and shall be responsible for the efficient administration of all of the affairs of the city over which the mayor has jurisdiction. In this capacity, the mayor shall have the power and duty: (1) to see that all laws and ordinances are enforced;

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(2) to appoint or suspend all city agency and department heads or other city officers who are directly responsible to the mayor unless otherwise provided by general State law or this charter; provided that such appointments shall not be effective after 30 days from the date of appointment unless confirmed by a majority vote of the mayor and council: (3) to negotiate, authorize and execute all lawful city contracts as is provided by State law, this charter or ordinance: (4) to keep the mayor and council, at all times, fully advised as to the financial condition and needs of the city and have prepared and presented each month to the mayor and council a summary of the city's financial condition; and (5) to recommend to the mayor and council the adoption of such measures as he or she may deem necessary or expedient. (c) The mayor, before entering upon the discharge of his or her duties, shall give bond in the penal sum to be fixed and approved by the mayor and council. The premium shall be paid by the city and the bond shall be made payable to the City of Warner Robins and its successors for the benefit of the city and for the use and benefit of the public to secure and indemnify the city and any of the public by reason of the mayor's default, misfeasance, malfeasance or nonfeasance in the performance of his or her duties. (d) The mayor shall perform any other duties and exercise any other powers required by State or federal law or authorized by ordinance not in conflict with this charter. (e) Otherwise, the mayor shall have all the same powers and duties of other council members. Section 2-302. Mayor pro tem. The mayor and council shall appoint by a majority vote from among its members other than the mayor a mayor pro tem who shall assume the duties and powers of the mayor in the mayor's absence or disability but otherwise shall have all the same powers and duties as other council members. Such an absence or disability may be declared by the mayor or by a motion to that effect adopted by a majority of all the council members other than the mayor. The mayor pro tem shall serve in that office for a term of one year or for the remainder of the term of the

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council office to which he or she was elected unless that council office becomes vacant as provided in this charter, whereupon a new mayor pro tem shall be appointed as herein provided. Section 2-303. Interpretation of terms. All references to members of the council, unless specifically provided otherwise, shall mean and include the mayor and mayor pro tem. CHAPTER 4 Organization and Procedure Section 2-401. Organizational meeting. (a) The mayor and council members shall meet for organization and swearing-in ceremonies on the first Monday in December following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday. (b) At this meeting, the newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a judge of the Superior Court of Houston County, Georgia: I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council member, 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 Warner Robins and the common interest thereof. (c) At this meeting, the newly reorganized mayor and council shall make any appointments and selections as may be required by this charter or by ordinance. (d) A special meeting may be called to install any member elected by a special election or otherwise appointed to the council. Section 2-402. Rules of procedure; journal of minutes. (a) The mayor and council, by a motion approved 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 and ordinances of the city, provided that:

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(1) a proposed ordinance or amendment thereto may be introduced by any council member; (2) a quorum for all mayor and council meetings shall be a majority of all council members and no business shall be transacted by the mayor and council in the absence of a quorum except to adjourn from time to time; (3) all actions of mayor and council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter; (4) all amendments to ordinances shall be by ordinance and no motion or resolution shall affect the operation of an ordinance unless that ordinance so provides. (b) A journal of minutes shall be maintained and every official action of the mayor and council shall be recorded therein and the journal shall be a public record. Minutes shall also be recorded for executive sessions of the mayor and council but shall not be a public record. Any council member shall be able to require the recording of yeas and nays of each member in the journal for any votes taken by the mayor and council. Section 2-403. Meetings, regular and special. (a) The mayor and council shall fix the date and time of regular meetings of the mayor and council by ordinance and there shall be at least two regular meetings each month. (b) Special meetings of the mayor and council may be held on call of the mayor or a majority of all council members other than the mayor. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible 24 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 a 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 or with his or her prior knowledge. Only the business stated in the call may be transacted at the special meeting and no action at a special meeting shall be valid unless the requirements of this Section are met.

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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 24 hours prior to the meetings. Section 2-404. 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 the adopting ordinance shall be as prescribed for ordinances generally. (b) Any requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations as well as the adopting ordinance. (c) 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 2-405. (d) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase by the public at a reasonable price. Section 2-405. Authenticating and recording ordinances; codification; printing. (a) The city clerk shall authenticate by signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the mayor and council. (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 and shall be published promptly, together with all amendments thereto, any codes of technical regulations and other rules and regulations as the mayor and council may specify. This compilation shall be known and cited officially as The Code of the City of Warner Robins, 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. (c) The mayor and council shall cause each ordinance and each amendment to this charter to be printed promptly following its

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adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price. (d) Following publication of the first code under this charter and at all times thereafter, any ordinances and charter amendments thereafter adopted shall be printed in substantially the same style as the code then currently in effect and shall be suitable in form for incorporation therein. The mayor and council shall make any 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. PART III Election and Removal CHAPTER 1 Conduct of Elections Section 3-101. Application of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 3-102. Regular elections, time for holding; specifying post. (a) An election for mayor and six council members shall be held on the Tuesday after the first Monday in October, 1964, and every two years thereafter on the same day; and the hours for voting shall be as prescribed by the mayor and council or by general State law, announced at least ten days before the holding of such election. (b) The mayor hereafter elected shall serve in his or her respective office for a term of four years and until a successor is elected and qualified. (c) Six council posts are to be staggered as follows: at the first city election after passage of Ga. Laws 1963, p. 3330, by the General Assembly, that being the year 1964, three council members shall be elected to Posts 1, 3 and 5 for four-year terms, and council members elected for Posts 2, 4 and 6 will be elected for two-year terms. Elections following the first election after the passage of Ga. Laws 1963, p. 3330, shall then be for four-year terms.

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(d) There shall be established for municipal general elections six Posts numbered 1, 2, 3, 4, 5 and 6. Every person who offers for nomination or election as a council member shall designate and qualify with the proper authority for a specific post by designating the post of his or her choice to seek nomination or election to such post and none other. All election authorities, when conducting general elections for nomination or election as council members, shall conduct such election so that candidates will qualify and run for specific posts as though such post was each separate from the others and as separate contests. (e) The mayor and council members must each receive a majority of the votes cast in order to be elected to the office or post for which they are candidates. In the event that no candidate receives a majority of the votes cast in a particular race, the two candidates receiving the highest number of votes shall participate in a run-off election which shall be held 14 days after the date of the general election. Section 3-103. Vacancies; special elections; appointments. (a) In the event of any vacancy in the office of the mayor or any council member by death, resignation or for any other cause other than the regular expiration of a term of office, the vacancy or vacancies shall be filled by a special election to be held within 45 days after such vacancy occurs; and in such event the mayor or council member, as the case may be, after taking oath, shall take office immediately. (b) If, however, any such vacancy in the council should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by appointment of a duly qualified person by the mayor and remaining members of the council. (c) If any such vacancy in the office of mayor should occur within one year of the regular expiration of the term of office, such vacancy shall be filled by the mayor pro tem for the remainder of the term of office; and the vacancy in the council shall be filled by appointment of a duly qualified person by the new mayor and remaining members of the council. Section 3-104. Voter registration. The mayor and council shall direct that separate voter registration lists be maintained for all voters in the city eligible to vote in city general elections. Registration

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of new voters shall not be allowed within 30 days of a city general election or city special election and the registration lists shall be purged of all disqualified persons within 20 days of each city general or special election. CHAPTER 2 Vacancies and Removal from Office Section 3-201. 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 disabled, forfeits the office or is recalled as provided by this charter. Vacancies shall be filled as is provided by Section 3-103 of this charter. Section 3-202. Recall elections. (a) The mayor or any council member shall be subject to removal during his or her term of office in the following manner: (1) 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. (2) It shall be the duty of such official having charge of elections to check the names on the electors' registration list and report to the mayor and council certifying 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.

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(3) 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. (4) 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...... The ballot shall contain such other instructions as considered necessary, and the voter shall indicate thereon which proposition is favored. (5) A meeting of the mayor and council shall be called and held within three days after the date of such election for the purpose of receiving the returns of the election and declaring the result thereof. (6) If a majority of those voting in the election vote in favor of the recall of the official, his or her 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 or her office and no other recall election shall be held so far as such official is concerned for a period of one year. (b) Notwithstanding any other provisions of this Section, a person elected to the office of mayor or a person elected to the office of council member shall not be subject to recall as provided herein until such person has served one year in office. Section 3-203. Forfeiture of office; suspension. (a) The mayor or any council member shall forfeit his or her office and it shall be vacant: (1) 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, intentional violation of this charter or a felony; or

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(2) for failure at any time to possess any of the qualifications of office as provided by this charter or by general State law, including failure to remain a resident of the city. (b) Whenever the mayor or a council member shall be indicted for a crime involving malfeasance or misfeasance in office, for intentional violation of this charter or for a felony, that person shall be automatically suspended from office without pay until disposition of the charges against the person. Immediately thereafter, unless the person has been convicted, pleaded guilty or entered a plea of nolo contendere, the person shall be reinstated in office and shall receive all compensation withheld during the suspension. If the person is convicted, pleads guilty or enters a plea of nolo contendere, the person's office shall be vacant. PART IV Administration CHAPTER 1 City Attorney Section 4-101. Appointment and qualifications. There shall be a city attorney who shall be appointed for a term of one year or at the pleasure of the mayor and council. He or she shall be an active member of the State Bar of Georgia in good standing. Section 4-102. Duties and responsibilities. The city attorney shall be legal counsel to the city and perform any other duties as may be provided by ordinance. CHAPTER 2 City Clerk Section 4-201. Appointment and qualifications. There shall be a city clerk who shall be appointed and removed as provided in this charter for department heads. He or she shall be chosen solely on the basis of executive, administrative and managerial qualifications. Section 4-202. Duties and responsibilities. The city clerk shall be secretary to the mayor and council, shall be keeper of official records and the seal of the city and shall perform any other duties as may be provided by this charter or ordinance.

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CHAPTER 3 City Organization Section 4-301. City departments and agencies. Except as provided by this charter, the departments and agencies of the city shall be created and established by ordinance; and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the 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 regulations consistent therewith. Section 4-302. Administrative organization. The mayor and council may, by ordinance, organize, combine, consolidate or discontinue any departments, agencies or divisions of the city government as it may from time to time deem desirable, consistent with this charter. CHAPTER 4 Personnel Section 4-401. Personnel system. (a) The mayor and council shall establish by ordinance a personnel system for part of or all city employees and officials as it deems necessary consistent with this charter. (b) This 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, vacations, sick leave, special workmen's compensation 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. CHAPTER 5 Boards and Commissions Section 4-501. Authority to create. The mayor and council may by ordinance, unless otherwise provided by general State law, create

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commissions and boards which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings and preparing recommendations as to needed ordinances and resolutions and for any other purposes authorized. Section 4-502. Composition; appointment; removal; bylaws. (a) The mayor and council may provide by ordinance, unless otherwise provided by general State law, for the manner of appointment, make-up and composition of commissions and boards, for their periods of existence and for the compensation of their members and employees in whole or in part. The mayor and council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The mayor and council shall have the authority to annually appropriate money derived from taxation, contributions or otherwise for and to these commissions and boards to provide for their operation either in whole or in part. (b) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members. (d) Each board and commission may establish bylaws, rules and regulations not inconsistent with this charter, ordinances or applicable State law as it deems appropriate and necessary for its internal organization, for election of officers and for the conduct of its affairs, copies of which shall be filed with the city clerk and approved by the mayor and council prior to their being effective. CHAPTER 6 Regulation of Conduct Section 4-601. 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

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for the benefit of the public, shall recognize that the public interest is of primary concern and shall faithfully discharge the duties of their offices regardless of personal considerations. Section 4-602. 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 or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair independence of judgment or action in the performance of official duties; (b) engage in or accept private employment or render services for private interests when the employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of official duties; (c) disclose confidential information concerning the property, government or affairs of the governmental body by which he or she is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of that person 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 the person's knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body he or she is a member of or by which he or she is engaged; provided, however, an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (e) represent private interests, other than his or her own, in any action or proceeding against the city or any portion of its government; (f) vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a substantial financial interest unless such contract is issued pursuant to sealed competitive bids.

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Section 4-603. 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 mayor and council at the time a conflict becomes apparent. The disclosure statements shall be made a matter of public record and be filed with the city clerk. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. Section 4-604. Fair and equal treatment. No elected or appointed officer or employee shall use that official position to secure or grant special consideration, treatment, advantage, privilege or exemption to any person beyond that which is available to every other person. Section 4-605. Future employment. No person who has served as an elected or appointed officer or employee of the city shall, within a period of one year after termination of that service or employment, appear for compensation before any agency of the city or receive compensation for any services rendered in behalf of any private interests in relation to any case, proceeding or application with respect to which the person was directly concerned, or which was under the person's active consideration, or with respect to which knowledge or information was made available to the person during the period of service or employment. Section 4-606. 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 personal benefit, convenience or profit except in accordance with policies promulgated by the mayor and council or the governing body of the agency or entity. Section 4-607. Contracts voidable and rescindable. Any violation of this Chapter or State law 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 mayor and council expressed by a motion adopted to that effect. Section 4-608. Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any other council member

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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 he or she was elected. No former mayor and no other former council member shall hold any employment or compensated appointive office in the city until one year after the expiration of the term for which the official was elected. Section 4-609. Political activites of certain officers and employees. No appointive officer or employee of the city shall continue in that employment or service upon qualifying as a candidate for nomination or election to any elective office. Section 4-610. Participation in elections. No appointed officer or employee of the city shall in any manner contribute to any candidate for election to a municipal office of the city or participate in any election, primary or political contests for a municipal office of the city other than by exercising the right to vote, privately expressing political views or serving as an election official. Section 4-611. Penalties for violation. (a) Any city officer or employee who knowingly violates any lawful requirement of this charter shall be guilty of malfeasance in office or position and shall be punished as for a misdemeanor. (b) Any office or employee of the city who violates subsection (a) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of at least three years thereafter. (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. PART V Finance and Fiscal CHAPTER 1 Taxation and Other Revenue Section 5-101. Property tax. The mayor and council, by ordinance, may assess, levy and collect an ad valorem tax on all real

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and personal property within the corporate limits of the city that is subject to 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 the principal and interest on general obligations and for any other lawful public purpose as determined by the mayor and council in its discretion. Section 5-102. Millage rate; due dates; payment methods. (a) The mayor and council, by ordinance, shall establish a millage rate for the city property tax which shall not exceed 20 mills on the assessed value of the property except for such millage as may be necessary to pay lawful bonded indebtedness of the city, a due date and in what length of time these taxes must be paid. (b) The mayor and 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 5-103. Occupation and business taxes. The mayor and council, by ordinance, shall have the power to levy any occupation or business taxes as are not denied by general State law. These taxes may be levied on both individuals, partnerships 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 mayor and council may classify businesses, occupations, professions or callings for the purpose of these taxes in any manner as is reasonable; and payment of these taxes may be compelled as provided in Section 5-108 of this Chapter. Section 5-104. Licenses; permits; fees. The mayor and 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 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

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the activity and if unpaid shall be collected as provided in Section 5-108. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety and welfare necessitates, including, but not limited to, denial or revocation for any violation of federal or State law or city ordinances involving the operation of the licensed business. Section 5-105. Service charges. The mayor and council, by ordinance, shall have the power to assess and collect fees, charges and tolls for water, sewer, sanitary and health services or any other services rendered within and without the corporate limits of the city. If unpaid, these charges or fees shall be collected as provided in Section 5-108. Section 5-106. Special assessments. The mayor and 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, drainage structures 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 5-108. Section 5-107. Interpretation; other taxes. This city shall be empowered to levy any other tax as may be authorized 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 govern its local affairs. Section 5-108. Collection of delinquent taxes and fees. The mayor and 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 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 executions and collection of transferred executions; and 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.

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CHAPTER 2 Borrowing and Indebtedness Section 5-201. General obligation bonds. The mayor and council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws 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 5-202. Determination of millage necessary to retire proposed bonded indebtedness. At a regular meeting of the mayor and council held at least 15 and not more than 45 days prior to any election within the city in which there shall be submitted to the electors of the city the question of whether the city shall incur additional bonded indebtedness, the mayor and council shall determine what millage is necessary to retire the bonded indebtedness proposed to be incurred by the city. Such action of the mayor and council shall be recorded upon the minutes of the meeting. Section 5-203. Revenue bonds. Revenue bonds may be issued by the mayor and council 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 5-204. Refunding revenue bonds. (a) The City of Warner Robins, acting through its governing body, may exercise all powers granted to municipalities under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, and is hereby further authorized to refund any outstanding revenue bonds by the issuance of revenue refunding bonds in an amount not greater than the aggregate of principal and interest to the date of redemption and redemption premiums on the revenue bonds to be refunded. Said revenue refunding bonds may be issued at any time not more than 15 years prior to the date that the refunded bonds are to be retired, either at maturity or pursuant to a call for redemption or both. Pending the retirement of the revenue bonds being refunded, the city shall deposit a sufficient portion of the proceeds of such revenue refunding bonds, together with any other legally available funds, in escrow to pay principal, interest and redemption premiums on the revenue bonds to be refunded; and some or all money so deposited may be

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invested in direct obligations of the United States of America or any of its agencies or in obligations guaranteed as to principal and interest by the United States of America. In determining the sufficiency of such deposit, the city may include interest to be received on such investments. (b) The city shall, upon depositing in escrow the proceeds of any revenue refunding bonds hereunder, enter into an agreement with the bank holding such deposit; and said agreement shall require said bank, among other things, to hold the investments and liquidate the same without further instructions from the city when necessary to pay principal, interest and redemption premiums on the revenue bonds refunded and may require such bank to publish on behalf of the city one or more notices of redemption of the revenue bonds to be refunded. (c) The validity of revenue refunding bonds issued hereunder may be determined by proceedings in the Superior Court of Houston County, Georgia. Such proceedings shall be brought and conducted, and may be intervened in and may be appealed from in the same manner, and shall have the same effect, as is provided in the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. If the aforementioned agreement governing the deposit of revenue refunding bond proceeds is attached as an exhibit to the resolution authorizing said revenue refunding bonds, the court upon validation shall determine the validity of said agreement as well as the validity of said revenue refunding bonds. (d) Such revenue refunding bonds shall constitute investment securities under the Uniform Commercial Code, but no financing statement nor continuation statement needs to be filed to protect or perfect the interest of the holders of said revenue refunding bonds in the revenues pledged to their payment. Such revenue refunding bonds may be secured by pledge of all or any portion of the revenues to be derived from the operation of one or more revenue-producing facilities of the city after payment of the reasonable and necessary expenses of operation and maintenance; and such revenues need not be limited to revenues pledged to the revenue bonds refunded. Revenue refunding bonds shall not be payable from or charged upon any funds other than the revenues pledged to the payment thereof nor shall the city be subject to any pecuniary liability thereon. No holder or holders of any such revenue refunding bonds

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shall ever have the right to compel any exercise of the taxing power of the city to pay any such revenue refunding bonds or the interest thereof nor to enforce payment thereof against any property of the city nor shall any such bonds constitute a lien upon any property of the city. Each bond issued under this Section shall contain a recital setting forth the substance of the preceding two sentences. (e) Revenue refunding bonds issued hereunder or the resolution providing for their issuance may contain such provisions for the security of said revenue refunding bonds as the governing body may determine, including such covenants and rights to a receiver upon default as are provided for in the Revenue Bond Law (Ga. Laws 1937, p. 761), and may be issued in one or more series, may be sold in such manner, may bear such date or dates, and may mature at such time or times not exceeding 40 years from their respective dates; may bear interest at such rate or rates not exceeding nine percent per annum, payable at such time or times; may be payable in such medium of payment at such place or places; may be in such denomination or denominations; may be in such form either coupon or registered; may carry such registration, conversion and exchangeability privileges; may be subject to such terms of redemption with or without premium; may be declared or become due before the maturity date thereof; may be executed in such manner; and may contain such terms, covenants, assignments and conditions as the resolution or resolutions authorizing the issuance of such bonds may provide. All bonds issued under this Section bearing the signature of officers in office on the date of the signing thereof shall be valid and binding notwithstanding that before the delivery thereof, and payment therefor, such officers whose signatures appear thereon shall have ceased to be officers of the municipality issuing the same. Pending the preparation of the definitive bonds, interim receipts, in such form and with such provisions as the governing body may determine, may be issued to the purchaser or purchasers of bonds to be issued under this Section. Said bonds shall be and are hereby declared to be nontaxable for any and all purposes. (f) This Section shall be deemed cumulative and not in lieu of all other laws granting bond authority to the city and shall provide an additional, but nonexclusive, means of refunding revenue bonds of the city regardless of the law under which the revenue bonds shall have been issued.

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Section 5-205. Short-term notes. The city may issue short-term notes as now or hereafter provided by general State law. CHAPTER 3 Fiscal Control Section 5-301. Fiscal year; municipal budget. (a) The mayor and council shall establish a fiscal year for the city and all its agencies by ordinance unless otherwise provided by State or federal law. (b) 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 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. (c) The mayor and council shall annually appropriate by ordinance the funds necessary to operate all the various agencies and departments and to meet the current expenses of the city for the next fiscal year. Section 5-302. 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 mayor and 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

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or the continued appropriation and authorization of State or federal grants, remaining unexpended and not contractually obligated at the expiration of the municipal appropriations 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 5-303. Supplementary appropriations. (a) In addition to the appropriations made by the municipal appropriations ordinance and amendments thereto, the mayor and 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 appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved. Section 5-304. 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 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 5-401. Contracting procedures. (a) Any contract of the city for the sale or purchase of real or personal property or personal services valued at less than $1,500.00 shall be negotiated, authorized and executed as directed by the mayor.

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(b) Any other contract of the city shall be approved by resolution of the mayor and council and shall be negotiated, authorized and executed as directed by ordinance; and all contracts for the purchase of equipment, supplies or real property valued at $1,500.00 or more shall be negotiated and authorized only after three or more sealed competitive bids thereon have been submitted in writing to the mayor and council. (c) All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the city attorney. (d) The original of all contracts shall be maintained on file in the office of the city clerk. (e) No contract shall bind the city other than as provided in this charter. Section 5-402. Purchasing procedures. The mayor and council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. Section 5-403. Sale and disposition of property. The mayor and council shall prescribe by ordinance the procedures for all sales and other disposition of real and personal property by the city. PART VI Municipal Court Section 6-101. Creation; jurisdiction . There shall be a court of the city, to be known as The Municipal Court of Warner Robins, Georgia, which shall be vested with all the jurisdiction and powers throughout the city generally granted to mayors', recorders' or police courts and particularly as to the abatement of nuisances, prosecution of traffic violations and violations of other ordinances of the city. Section 6-102. Chief judge; associate judges; appointment; compensation; oath. (a) The municipal court shall be presided over by a chief judge and any part-time, full-time or standby associate judges as shall be provided by ordinance; and the appointment of

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each judge shall be for a term of one year or at the pleasure of the mayor and council. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia, and all judges shall be appointed or removed by a majority vote of all council members. (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 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. Section 6-103. Convening; rules of procedure; powers; punishments. (a) The municipal court shall convene at 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 such rules and procedures as the chief judge may establish unless otherwise provided by ordinance, this charter or general State law. (c) The mayor and 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 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, subpoenaes and warrants which may be served and executed by any officer as authorized by ordinance or by general State law. (f) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation; and the mayor and council, by ordinance, shall establish and be entitled to reimbursement

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of the cost of the meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. These costs shall be collected by the court in which the case is tried or triable in the same manner as other costs are collected by such court and shall be paid over to the city. (g) Unless a lesser penalty is provided by ordinance, the judge of the municipal court shall have the power and authority to impose upon the violator of any law or ordinance, for each violation thereof, the following punishments: (1) a fine not to exceed $300.00; (2) imprisonment in the city prison for a period of not more than 40 days; or (3) 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 $100.00 or by imprisonment in the city prison for a period of time not exceeding 30 days or both. Section 6-104. Appeals. 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 by State law; provided, that any person who fails to file an appeal within ten days of the date of conviction shall be deemed to have waived the right. PART VII General Provisions Section 7-101. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and its agencies now lawfully in effect and not inconsistent with the provisions of this charter shall remain effective until they have been repealed, modified or amended.

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Section 7-102. Contracts and obligations; proceeding. (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 existing agency and departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the mayor and council and administrative regulations consistent therewith. Section 7-103. Governing body defined. For the purpose of all laws requiring action of the governing body of the City of Warner Robins, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 7-104. Section captions; rules of construction. (a) The captions of the several Sections of this charter are informative only and are not to be construed as a part thereof. (b) The word shall in this charter is intended to be mandatory and the word may is not. (c) In the construction of this charter, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the adopting body: (1) City: the words the city or this city shall mean the City of Warner Robins, Georgia. (2) County: the words the county or this county shall mean the County of Houston, Georgia.

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(3) Gender: a word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations, as well as to males. (4) Number: words used in the singular include the plural and the plural includes the singular number. (5) Or, and: or may be read and and and may be read or if the sense requires it. (6) Other officials or officers, etc.: whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., city clerk, city council, chief of police, etc., they shall be deemed to refer to the officials, boards, commissions and departments of the City of Warner Robins, Georgia. (7) Person: the word person shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals. (8) State: the words the State or this State shall be construed to mean the State of Georgia. (9) Street: the word street shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city and shall embrace all parts thereof constituting the designated right-of-way. Section 7-105. City officers and employees. All officers and employees of the city elected or appointed immediately prior to the adoption of this Act shall continue in their positions until the end of their terms of office or, if no term is provided, as otherwise provided by this charter or ordinance. Section 7-106. Severability. If any provisions of this charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application; and to this end, the provisions of this charter are declared to be severable.

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Section 7-107. Specific repealer . An Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. Laws 1943, p. 1624), as amended, is hereby repealed in its entirety; provided, however, that to the extent portions or provisions of said Act are saved and continued by this Act or are the same as portions or provisions of the prior city charter, including, but not limited to, the boundaries of the city, such portions or provisions shall be considered continuations thereof and not as new enactments. Section 7-108. 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 1978 Session of the General Assembly of Georgia, a bill to establish a new City Charter for the City of Warner Robins. The new City Charter will repeal and supersede the present City Charter (Ga. L. 1943, p. 1624 as amended) except as provided by the new charter and will provide for the incorporation, powers and boundaries of the City; the powers, duties, organization and procedures of the mayor and council; the election and removal from office of the mayor and council; the administration and organization of the city government; the financial and fiscal affairs of the city government; the operation of the municipal court; and for other purposes. This 13th day of January, 1978. /s/ Ed Barker State Senator /s/ Ted W. Waddle State Representative, District 113 /s/ Roy H. Watson, Jr. State Representative, District 114 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Roy H. Watson, Jr., who, on oath, deposes and says that he is Representative from the 114th District,

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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 19, 26 and February 2, 1978. /s/ Roy H. Watson, Jr. Representative, 114th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 7, 1978. RICHMOND COUNTY-CITY OF AUGUSTA SERVICE DISTRICT STUDY. No. 88 (House Resolution No. 652-1826). A RESOLUTION Relative to developing recommendations for the merger of specified services currently provided by Richmond County and the City of Augusta, Georgia; and for other purposes. WHEREAS, there is growing concern over the increasing ad valorem taxation of the Augusta-Richmond County property owners; and

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WHEREAS, there are continuing increases in the cost of operations and demands for services of local governments, which mandate efficiency and economy in local government expenditures; and WHEREAS, a number of local citizens and elected officials have expressed a desire to carefully investigate possible inequities between the City of Augusta and Richmond County in financing governmental services; and WHEREAS, an effort should be made to insure that citizens of such political subdivisions shall receive adequate services at an equitable cost; and WHEREAS, there are indications that the merger of certain related services in Augusta-Richmond County could better facilitate the efficiency, quality and overall effectiveness of those services to the citizens which they serve; and WHEREAS, the Public Service Districts - Augusta-Richmond County study dated January 1975 conducted by the Institute of Government of the University of Georgia is presently out of date and has not been sufficient to provide recommendations for necessary revisions in the delivery of governmental services by Augusta and Richmond County. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Institute of Government of the University of Georgia is hereby requested to conduct a Joint Services Study of Augusta-Richmond County, Georgia, for the purpose of bringing completely up to date the Public Service Districts - Augusta-Richmond County study dated January 1975 by utilizing the most current information and financial figures of Augusta and Richmond County, Georgia, and the Richmond County Water and Sewerage System. Said Joint Services Study should also determine the economic and administrative benefits and the service delivery efficiency and effectiveness of combining specified services and submit a single recommendation or alternatives for the method or methods of combining the related services to be operated by either the City of Augusta or Richmond County. Said Study should specifically include an analysis of the following services:

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A. Law enforcement, to include the Augusta Police Department and Richmond County Sheriff's Department. B. Fire protection, to include all agencies, public and private, which provide fire protection to the City of Augusta and Richmond County. C. Water and sewerage treatment. D. Public works. E. Transportation and roads. BE IT FURTHER RESOLVED that the following named individuals are hereby designated as resource personnel for the purpose of providing information and research assistance which is deemed necessary in the development of the study analysis by the Institute of Government: A. The Clerk of Council of the City of Augusta. B. The Comptroller of the City of Augusta. C. The City Attorney of Augusta. D. The Clerk and Administrative aide of Richmond County. E. The Comptroller of Richmond County. F. The Attorney of Richmond County. G. The Tax Commissioner of Richmond County. BE IT FURTHER RESOLVED that the City Council of Augusta and the Richmond County Board of Commissioners are hereby requested to submit in writing to the Secretary of the Richmond County Legislative Delegation of the General Assembly of Georgia any desired recommendations for additional study areas which have not been included in this Resolution. Such recommendations should be submitted within 45 days after the approval of this Resolution by the Governor. Said recommendations shall be reviewed by the members of said Richmond County Legislative Delegation, and a determination

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made regarding the inclusion of same for analysis in the Joint Services Study. BE IT FURTHER RESOLVED that should funds be required for payment to the Institute of Government for completion of said Study, said Richmond County Legislative Delegation may solicit public funds from any source that may be available for such purposes. The total cost, if any, for the completion of said Study shall be determined by said Richmond County Legislative Delegation prior to the commencement of the Study. BE IT FURTHER RESOLVED that no member of the Richmond County Legislative Delegation shall be compensated in any matter in relation to participation in the development of the Joint Services Study provided for by this Resolution. BE IT FURTHER RESOLVED that it is the intent of this Resolution that the Richmond County Legislative Delegation shall serve as a liaison between the Institute of Government, the City Council of Augusta and the Richmond County Board of Commissioners for the purpose of assisting in developing the information required by the Institute of Government to complete the Joint Services Study. It is also the intent of this Resolution that the Institute of Government shall submit in writing the Joint Services Study findings and recommendations to the full Richmond County Legislative Delegation, the City Council of Augusta and the Richmond County Board of Commissioners for their respective consideration for possible revisions and implementation. BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the City Council of Augusta, the Richmond County Board of Commissioners and to the Director of the Institute of Government, University of Georgia. Approved March 13, 1978.

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FAYETTE COUNTYCORONER PLACED ON SALARY. No. 808 (House Bill No. 1841). AN ACT To place the coroner of Fayette County on a salary in lieu of the fee system of compensation; to provide for the disposition of fees; to provide for the appointment of deputy coroners and their compensation, powers and duties; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, the coroner of Fayette County is hereby placed on a salary in lieu of the fee system of compensation. Such coroner shall be compensated in the amount of $100.00 per month to be paid from the funds of the county. Such compensation shall be in lieu of all fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind which shall be allowed the coroner of such county. All such fees, costs, commissions, allowances, monies and all other emoluments and perquisites of whatever kind shall be the property of the county and shall be paid to the fiscal officer of the county at least once a month. The coroner of such county is hereby authorized to appoint one or more deputy coroners with the approval of the governing authority of such county and to assign such duties, powers and responsibilities to such deputy coroners as he shall determine advisable. Such deputy coroners shall be compensated in an amount to be fixed by the governing authority of the county. 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.

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Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill establishing the compensation of the Coroner of Fayette County, Georgia, to repeal conflicting laws and for other purposes. Board of Commissioners of Fayette County, Georgia /s/ Barbara B. Kilgore Clerk PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 28, 1977, January 4, 1978 and January 11, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 11th day of January, 1978. /s/ Louisa Melton Notary Public, Georgia State at Large. My Commission Expires December 13, 1980. (Seal) Approved March 13, 1978.

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WILKES COUNTYCORONER PLACED ON SALARY. No. 809 (House Bill No. 1842). AN ACT To provide an annual salary for the Coroner of Wilkes County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Coroner of Wilkes County is hereby placed on an annual salary of $600.00 in lieu of all fees, costs and emoluments of whatever kind and nature formerly allowed said officer. Said salary shall be paid in equal monthly installments out of the funds of Wilkes County. Section 2. 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 1978 session of the General Assembly of Georgia, a bill to provide an annual salary for the Coroner of Wilkes County; and for other purposes. This 22nd day of December, 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,

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deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the News Reporter which is the official organ of Wilkes County, on the following dates: December 29, 1977, January 5, 1978 and January 12, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires November 1, 1981. (Seal). Approved March 13, 1978. PIKE COUNTYSALARY ACT OF CLERK OF COUNTY COMMISSIONERS REPEALED. No. 811 (House Bill No. 1850). AN ACT To repeal an Act to fix the salary of the Clerk of the Board of Commissioners of Pike County, approved March 3, 1955 (Ga. Laws 1955, p. 2549), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2820); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to fix the salary of the Clerk of the Board of Commissioners of Pike County, approved March 3, 1955 (Ga. Laws 1955, p. 2549), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2820), is hereby repealed in its entirety.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to repeal an Act to fix the salary of the Clerk of the Board of Commissioners of Pike County, approved March 3, 1955 (Ga. Laws 1955, p. 2549), as amended; and for other purposes. This 3rd day of January, 1978. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Peter 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/she 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 12, 1978, January 19, 1978 and January 26, 1978. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981 Approved March 13, 1978.

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CITY OF RENTZNEW CHARTER. No. 812 (House Bill No. 1854). AN ACT To provide a new Charter for the City of Rentz in the County of Laurens; 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 Rentz, repealing and replacing the charter provided by an Act of the General Assembly, approved August 21, 1905 (Ga. Laws 1905, p. 1101), as amended. The City of Rentz, 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 the Mayor and City Council of Rentz, 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 Rentz 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

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of the City of Rentz, 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 Rentz, 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 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;

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(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 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;

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(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 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;

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(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 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;

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(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 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;

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(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 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;

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(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, cleanliness, welfare, and safety of the inhabitants of the City and to provide for the enforcement of such standards;

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(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 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 municipal elections of the City.

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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 (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 and shall not exceed $50.00 a month for the Mayor and $10.00 a month for each Councilman. 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

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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 inhabitants of this City. The Council may enforce such ordinances by imposing penalties for the 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 2.18. 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) 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;

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(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, 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.

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(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. 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 February 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

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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 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. 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. 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

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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 Rentz 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 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.

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(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 or her 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 Rentz, 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 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 non-elective

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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, 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.

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(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 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.

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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. 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. Mayor to be Judge of Recorder's Court. (a) The Recorder's Court shall be presided over by the Mayor 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 an Associate 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 Associate 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.

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(d) Before entering on duties of his office, each Judge shall take an oath given as provided by ordinance, 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 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

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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. The right of appeal shall exist in all cases from the judgment of the Recorder to the Superior Court of Laurens 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

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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. Laws 1968, p. 885), as now or hereafter amended. Section 5.11 . Election of Council and Mayor. (a) On the fourth Wednesday in January, 1980, and on said date biennially thereafter, there shall be an election for the Mayor and five Councilmen. For the period beginning when the Mayor and five Councilmen elected as provided herein take office and ending when the first five Councilmen elected under subsection (b) hereof take office, the governing authority of the City of Rentz shall be composed of the Mayor and five Councilmen elected as provided herein and the Councilmen elected under the former charter of the City of Rentz whose regular terms of office will expire at the time the Councilmen elected under subsection (b) hereof take office. (b) 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 34A of the Code of Georgia of 1933 (Ga. Laws 1968, p. 885), as now or hereafter amended.

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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. Laws 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

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of the Council to the Superior Court 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 in the Superior Court of Laurens 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. 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

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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 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

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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. 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

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Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.21. Short-Term Notes. 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 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,

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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: (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. Laws 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

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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 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

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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 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.

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(c) The word City shall mean the City of Rentz, 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, 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 Rentz in the County of Laurens, approved August 21, 1905 (Ga. Laws 1905, p. 1101), as amended by an Act approved August 18, 1913 (Ga. Laws 1913, p. 1116), an Act approved February 12, 1952 (Ga. Laws 1952, p. 2368), and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3697), is hereby repealed in its 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Rentz in the County of Laurens; 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; and for other purposes. This 6th day of January, 1978. /s/ Terry L. Coleman Representative, 118th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Terry L. Coleman who, on oath, deposes and says that he/she is Representative from the 118th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Courier-Herald which is the official organ of Laurens County, on the following dates: January 7, 1978, January 14, 1978 and January 21, 1978. /s/ Terry L. Coleman Representative, 118th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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STATE COURT OF STEPHENS COUNTYSALARIES. No. 813 (House Bill No. 1860). AN ACT To amend an Act establishing the State Court of Stephens County, approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved April 10, 1968, (Ga. Laws 1968, p. 3546), by an Act approved March 13, 1970, (Ga. Laws 1970, p. 2668), and by an Act approved March 31, 1971, (Ga. Laws 1971, p. 2731), so as to change the compensation of the Judge, Solicitor and Solicitor Pro tempore of said Court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the State Court of Stephens County approved February 22, 1937, (Ga. Laws 1937, p. 1214), as amended, particularly by an Act approved April 10, 1968, (Ga. Laws 1968, p. 3546), by an Act approved March 13, 1970, (Ga. Laws 1970, p. 2668), and by an Act approved March 31, 1971, (Ga. Laws 1971, p. 2731), is hereby amended by striking Section 10 in its entirety and substituting in lieu thereof the following: Section 10. Be it further enacted by the authority aforesaid, that there shall be a Judge of said State Court, who shall be appointed and commissioned by the Governor, by and with the consent and advice of the Senate, who shall hold his office until December 31, 1940, and until his successor shall qualify, and thereafter, except in the case of a vacancy, the Judge of said State Court shall hold his office by virtue of an election by the qualified voters of Stephens County, and shall hold his office for a term of four years, beginning on the first day of January, 1941. At the regular election of county officers of Stephens County, in the year 1940, there shall be elected by the qualified voters of said County of Stephens a Judge of said State Court who shall be commissioned by the Governor and shall hold his office for a term of four years from January 1, 1941, and at each of the regular elections held for the election of county officers, every four years thereafter, a Judge of said Court shall be elected. Any vacancy in said office shall be filled by the appointment by the Governor for

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the unexpired term. The Judge of said State Court shall receive a salary of Eight Thousand Eight Hundred ($8,800.00) Dollars per annum which shall be paid monthly by the Clerk of the Board of Commissioners or other person or persons who are now or may hereafter be charged by law with the paying out of money of the County of Stephens, and shall be furnished an office in the Courthouse as other county officers; and it shall be the duty of the Commissioners of Roads and Revenue of said County, or other proper officers, to make provisions annually in levying taxes for this purpose. The said Judge shall receive no other compensation but shall not be disqualified to practice law in courts other than his own. Section 2. Said Act is further amended by striking Section 14 in its entirety and substituting in lieu thereof the following: Section 14. Be it further enacted by the authority aforesaid, that there shall be a Solicitor of said State Court, appointed, commissioned and confirmed in the same manner provided for the appointment and confirmation of the Judge of said Court, whose appointed term of office shall be until the first day of January, 1941, and who shall thereafter be elected and commissioned in the same manner, at the same time and for the same terms as is hereinbefore provided for the election of the Judge of said Court; and it shall be the duty of said Solicitor to prosecute for all offenses cognizable before said Court. The said Solicitor shall receive the same fees for each written accusation as are allowed for each indictment in the Superior Court, and his fees for all other services rendered shall be the same as for 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 Eight Thousand Two Hundred ($8,200.00) Dollars per annum, the same to be paid monthly out of the County treasury. The said Solicitor shall receive no other fees or compensation for his services, except that the Solicitor of said State Court shall for his services in the Supreme Court and Court of Appeals be paid out of the treasury of the State in the same manner as the District Attorney of the Superior Court is paid for like services rendered in said Courts. Section 3. Said Act is further amended by striking Section 16 in its entirety and substituting in lieu thereof the following:

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Section 16. Be it further enacted by the authority aforesaid, that in case of the absence of said Solicitor or his inability from illness or otherwise to appear and prosecute any calls at any term of said Court, the Judge of said Court may appoint a Solicitor Pro tempore to perform the duties of the Solicitor in such absence or inability, and such Solicitor Pro tempore shall be entitled to receive for his services, should he require it, the same compensation for his term of service as is paid to the Solicitor, to be paid by the Solicitor out of his compensation provided for in Section 14 of this Act. Section 4. This Act shall become effective on July 1, 1978. Section 5. 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 1978 Session of the General Assembly of the State of Georgia to provide for an increase in the salary of the Judge and the Solicitor of the State Court of Stephens County and to provide for an increase in the pay of the Solicitor pro tempore and for other purposes. This 17th day of January, 1978. Stephens County Board of Commissioners Georgia, Stephens County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles A. Hamilton, who, on oath, deposes and says that he is publisher of The Toccoa Record and that the attached copy of notice of intent to introduce local legislation was published in The Toccoa Record, which is the official organ of Stephens County, on the following dates: January 19 and 26 and February 2, 1978. /s/ Charles A. Hamilton, Publisher

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Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Brenda J. Smith Notary Public, Georgia State at Large. (Seal). Approved March 13, 1978. FRANKLIN COUNTYDEPUTY SHERIFFS, ETC. No. 814 (House Bill No. 1861). AN ACT To amend an Act providing an annual salary for the Sheriff of Franklin County, approved February 28, 1966 (Ga. Laws 1966, p. 2169), as amended, particularly by an Act approved April 6, 1973 (Ga. Laws 1973, p. 2563), so as to change the provisions relating to the number and compensation of deputy sheriffs and the compensation of other personnel employed by the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Sheriff of Franklin County, approved February 28, 1966 (Ga. Laws 1966, p. 2169), as amended, particularly by an Act approved April 6, 1973 (Ga. Laws 1973, p. 2563), is hereby amended by striking Section 7 thereof in its entirety and inserting in lieu thereof a new Section 7 to read as follows: Section 7. The sheriff is hereby authorized to appoint one or more deputy sheriffs, the exact number to be determined within the discretion of the governing authority of Franklin County, to assist him in the performance of his duties. The deputy sheriffs shall serve at the pleasure of the sheriff. The governing authority of Franklin County shall set the salary of the deputy sheriffs and other personnel

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employed by the sheriff. In the event of an emergency, the sheriff is authorized and empowered, with the approval of the governing authority, to appoint one or more special deputy sheriffs for the duration of the emergency, and the salary of said deputy sheriffs shall be set by the governing authority, but in no event shall the salary of any special deputy sheriff be greater than the salary set for the regular deputy sheriff. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Georgia, Franklin County: Notice is hereby given that there will be introduced at the Regular 1978 Session of the General Assembly of Georgia, a bill to authorize the Governing Authority of Franklin County, Georgia, to establish the number of Deputy Sheriffs of said County, and to set salaries for said Deputies. This 9th day of January, 1978. /s/ (Mrs.) Augusta H. White, Clerk, Franklin County Commissioner's Office Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Billy Milford who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Billy Milford Representative, 13th District

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Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires November 1, 1981. (Seal). Approved March 13, 1978. BULLOCH COUNTYSMALL CLAIMS COURT. No. 815 (House Bill No. 1862). AN ACT To create and establish a Small Claims Court in and for Bulloch 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 office of the judge of said court; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; 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 the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for other matters relative to the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Bulloch County. Said court shall have civil

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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. (a) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Bulloch County, be at least 22 years of age, have a high school diploma or its recognized equivalent and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least eighteen 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 Bulloch 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. (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

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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 person authorized by law to serve process in the superior court or by a duly qualified bailiff of the Small Claims Court. (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) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, 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 $15.00 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 $15.00. 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

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of the judge, and such costs shall be taxed in the cause at his discretion. (b) All actions to recover personal property shall proceed in accordance with the practice and procedure then prevailing in the Bulloch County Superior Court. Cost of filing an action for the recovery of personal property shall be the same as filing of a suit. 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. 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

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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 Bulloch 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 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.

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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 Bulloch County

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Section 18. Within 30 days after this Act becomes of full force and effect, the senior judge of the Superior Court of Bulloch County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Bulloch County, to serve from the date of such appointment to the 31st day of December, 1979, following such appointment. Thereafter, the judge of the Small Claims Court of Bulloch County shall be appointed by the senior judge of the Superior Court of Bulloch County 30 days prior to the expiration of the term of the judge of said court to serve for a term of office of four years. Thereafter successors to the judge of the Small Claims Court of Bulloch County shall be appointed, each four years in the same manner as hereinbefore set out, for a four-year term beginning on January 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 bythe senior judge of the Superior Court of Bulloch County, in the sole discretion of the appointment judge. Section 19. All office space, courtroom facilities, forms, docket books, file jackets, filing cabinets, materials, equipment and supplies required by this Act, or necessary for the efficient operation of said court, shall be furnished by the Board of County Commissioners. They shall also provide a suitable room in the courthouse for the holding of said court.

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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. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, 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. 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, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. 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. Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three 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

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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 of Intent to Introduce Local Legislation. Notice is hereby given that we shall introduce a bill in the 1978 Session of the General Assembly to create a Small Claims Court of Bulloch County, Georgia and to establish the jurisdiction, procedure, fees, appointment or election of the judge, administrative staff and all ancillary matters pertaining thereto. This 24th day of January, 1978. /s/ W. Jones Lane, Representative 81st District /s/ Paul Nessmith, Representative 82nd 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 Statesboro Herald which is the official organ of Bulloch County, on the following dates: January 26, February 2, 9, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large My Commission Expires, Dec. 19, 1980 Approval March 13, 1978.

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GRADY COUNTYSHERIFF'S SALARY, ETC. No. 816 (House Bill No. 1863). AN ACT To change the compensation of the Sheriff of Grady County; to provide that all emoluments accruing to said office shall be and become the property of said county; to provide for the employment of assistant personnel for said sheriff and the payment of the expenses and operations of said office; to provide for the submission of an annual budget; to provide for severability; to provide an effective date; to repeal specific laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Sheriff of Grady County shall receive an annual salary of sixteen thousand six hundred dollars ($16,600.00), payable in equal monthly installments out of the general funds of Grady County at the end of each calendar month. Section 2. Such compensation shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, monies and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for services by said sheriff, including his service as an ex officio officer. All such fees as above enumerated shall be received and collected by the sheriff for the sole use of Grady County and shall be the property of Grady County, and said county is hereby subrogated to all rights, claims and liens of said sheriff therefor. Such funds shall be held as public funds belonging to Grady County and shall be accounted for and paid to the fiscal authority of Grady County on or before the 15th day of each month for the immediately preceding month, accompanied by statement, under oath, showing the collections and sources from which collected. Section 3. Said sheriff is hereby authorized to employ to serve at his pleasure and to perform such duties as may be assigned by him, such deputies, clerical assistants and jailers as may be necessary to

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aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the governing authority of said county. Section 4. (a) To enable the governing authority of Grady County to prepare a budget, the Sheriff of Grady County shall tender to the governing authority, no later than the first Tuesday in August of each year, a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year. Said proposed budget shall show the estimated amounts of all projected expenditures for operating and equipping the sheriff's office, jail, salaries for deputies, jailers and secretaries. The projected expenditures shall be itemized as follows: (1) salary of sheriff, (2) salaries of deputies, assistants and jailers, (3) expenses other than salaries, (4) equipment, (5) investigations. (b) The governing authority of Grady County may require the sheriff to correct mathematical, mechanical, factual and clerical errors in the proposed budget. Not later than the first Tuesday in November of each year, the governing authority may amend, modify, increase or reduce any and all items of expenditures in the proposed budget, and, as amended, shall approve said budget, giving written notice of its action to the sheriff and specifying in such notice the specific items so amended, modified, increased or reduced. The written notice of such action as taken by the governing authority of Grady County shall be final. Section 5. (a) The sheriff shall submit on or before the first Tuesday of each month all bills for salaries and incidental expenses to the governing authority of said county, and all such bills shall be paid directly by said county governing authority out of county

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funds; provided the same have been approved in the budget, or shall be approved at that time by the governing authority. All expenditures for incidental expenses shall be reimbursed to the sheriff. (b) The Sheriff of Grady County is hereby authorized to establish a petty cash fund for payment of incidental expenses in an amount not to exceed one thousand dollars ($1,000.00) per year, but which shall not exceed the sum of one hundred dollars ($100.00) at any given time. (c) The sheriff's office shall procure purchase orders from the Board of Commissioners prior to making purchases, for all other items in the approved budget. Section 6. The Board of Commissioners shall cause a certified public accountant to make an annual audit of the records of said sheriff not later than ninety (90) days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Grady County by said sheriff and all funds due the county but not collected by said sheriff. The expense of preparing such audit for said office shall be paid for by Grady County. Section 7. If any provision of this Act shall be held to be unconstitutional, such provision alone shall be invalid, and the other parts of this Act shall be unaffected thereby and shall remain in full force and effect. Section 8. The provisions of this Act shall become effective on January 1, 1978. Section 9. (a) An Act changing the compensation of the Sheriff of Grady County, approved March 28, 1975 (Ga. Laws 1975, p. 4724), is hereby repealed in its entirety. (b) An Act placing the Clerk of the Superior Court and the Judge of the Probate Court of Grady County upon an annual salary and changing the annual salaries of the Tax Commissioner and Sheriff of Grady County, approved March 30, 1971 (Ga. Laws 1971, p. 2423), is hereby amended so as to repeal all of the provisions pertaining to the Sheriff of Grady County, in their entirety.

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Section 10. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, to change the compensation of the Sheriff of Grady County; to provide for the collection and disposition of all fees of said office; to provide for the employment of deputies, and other personnel, and to provide for the budgeting of said office, and for other related purposes. This 3rd day of January, 1978. /s/ J. Patrick Ward County Attorney Grady County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he/she is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: January 6, 1978, January 13th, 1978 and January 20, 1978. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires No. 1, 1981 (Seal). Approved March 13, 1978.

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CITY OF CAIROEXECUTIONS FOR INDEBTEDNESS PAST DUE TO CITY. No. 817 (House Bill No. 1864). AN ACT To amend an Act incorporating the City of Cairo, approved August 6, 1906 (Ga. Laws 1906, p. 573), as amended, particularly by an Act approved August 19, 1911 (Ga. Laws 1911, p. 881), so as to change the provisions relating to executions for claims due the city; to provide for the issuance of executions for indebtedness past due to the city for gas, electric service, sewer service, garbage collection and other charges for services provided by the city for a charge; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Cairo, approved August 6, 1906 (Ga. Laws 1906, p. 573), as amended, particularly by an Act approved August 19, 1911 (Ga. Laws 1911, p. 881), is hereby amended by striking Section 11 of said amendatory Act in its entirety and inserting in lieu thereof a new Section 11 to read as follows: Section 11. The mayor and council shall have power to authorize the clerk of the council to issue executions for indebtedness past due to the city for water and lights for any charge for connecting either with the water pipes or with the lighting system, including wiring and fixtures, and for gas, electric service, sewer service, garbage collection and other charges for services provided by the city for a charge, such executions to be directed and disposed of as in cases of executions for taxes due to the city, except that sales thereunder shall vest absolute title to the property in the purchaser, and the amount of such execution shall be a general lien on all property of the debtor, dating from the issuance of the execution and ranking as judgments at law; provided, that the levying officer denying the whole of the amount of such execution or some part thereof, and such affidavit with the execution shall then be returned to any Justice Court sitting in Cairo, there to be tried as cases of illegality in such Court; provided, that if the amount should exceed the jurisdiction of such Court, then the return shall be made to the Superior

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Court of Grady County and regularly tried therein; such affidavit to be filed under the terms, conditions and penalties set forth in Section 6 of this Act. Any and all ordinances heretofore passed by the mayor and council of said city covering the matters of this Section are hereby validated. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend the charter and laws of the City of Cairo to provide for the issuance of executions for indebtedness past due to the City for gas, electric service, sewer service, garbage collection and other charges for services provided by City for a charge and for other purposes. This 17th day of January, 1978. /s/ Bobby Long, Representative, 142nd District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes and says that he is Representative from the 142nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cairo Messenger which is the official organ of Grady County, on the following dates: January 20, 1978, January 27, 1978 and February 3, 1978. /s/ Bobby Long Representative, 142nd District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. Approved March 13, 1978.

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HART COUNTYBOARD OF COMMISSIONERS CREATEDREFERENDUM. No. 818 (House Bill No. 1865). AN ACT To create a Board of Commissioners for Hart 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 a clerk and his appointment, compensation and duties; to provide for other matters relative to said Board of Commissioners and relative to the government of Hart 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 Hart a Board of Commissioners to be elected and organized as hereinafter set forth, which Board of Commissioners, also to be known as the Commission, shall constitute the governing authority of said county and shall exercise the powers, duties and responsibilities herein vested in and imposed upon said officers. Section 2. Composition of Board. (a) The Commission established herein shall consist of three members, of which one member shall be known as chairman and two members shall be known as Commissioners. The chairman and two Commissioners shall be elected by a majority vote of the voters of the entire county voting at the elections provided for hereinafter. Positions on the Board shall be chairman and Commissioner Posts 1 and 2, and all candidates for membership on the Board shall designate the position for which they are offereing.

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(b) The chairman shall be a citizen of this State who has been a resident of Hart County for not less than two years preceding his election, and he 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 and who have been residents of Hart 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 chairman of the Board 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 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 for a two (2) year term in the general election held for members of the General Assembly in 1980 and said term shall commence on January 1, 1981. 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. Section 4. Restrictions on Qualifying for Other Office. Neither the chairman nor any Commissioner shall be qualified to offer for election to any position on the Board other than the one in which he is serving without first resigning from the position in which he at that time is serving. Section 5. Election Returns; Vacancies. All elections for members of the Board of Commissioners created by this Act shall be held and conducted in accordance with the provisions of Code Title 34, known as the Georgia Election Code, as now or hereafter amended. In the event of a vacancy in the office of chairman or a

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Commissioner whose unexpired term exceeds 180 days, it shall be the duty of the Judge of the Probate Court of Hart 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 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 $2,400.00 per annum, payable monthly, to be paid out of the county treasury upon warrants drawn upon the county treasury. The chairman shall receive as his entire compensation for services as same the sum of $15,000.00 per annum, payable monthly, also to be paid out of the county treasury upon warrants drawn upon the county treasury. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said chairman or either Commissioner shall be entitled. The chairman and other Commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office.

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(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 Monday of each month at the county seat at 9:30 a.m. on the second Monday and 7:00 p.m. on the fourth Monday, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or both Commissioners, provided all members of the Commission shall have been notified at least one day in advance of such special meeting, provided further that this notice requirement may be waived by the chairman or a Commissioner by his consent and presence at such a called 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 jurisdiction of the Commission. The chairman shall preside over meetings of the Commission. The chairman shall establish rules and regulate purchasing services for all county departments, offices and agencies. He shall be further authorized to make purchases for the county in amounts not exceeding $1,000.00, without prior approval of the Commissioners. 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

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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. (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. (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

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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 or hereafter imposed upon or vested in the Commissioner of Hart County in respect to zoning and planning. (12) To create and change the boundaries of special taxing districts authorized by law. (13) To fix the bonds of county officers where same are not fixed by statute. (14) To enact any ordinances or other legislation the county may be given authority to enact. (15) To determine the priority of capital improvements. (16) To call elections for the voting of bonds. (17) To exercise all of the power and authority heretofore vested by law in the Board of Finance of Hart 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 in amounts over $1,000.00, provided, however, that for any purchases in such amounts, advertisements for bids shall be first published for two (2) consecutive weeks upon the official bulletin board located at the Hart County Courthouse which may be designated as such by the Hart County Board of Commissioners. Formal, sealed bids, after said publication, must be obtained on all purchases of $1,000.00 or more. Said bids may be opened at any time after the end of the two-week period from the date of the first publication. 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

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sealed bids may be dispensed with when, in the discretion of the Commission, an emergency exists which will not permit a delay. (19) To fix and determine the amount of compensation for all county employees, excluding elected officials, and those employees whose compensation as otherwise fixed by statute. Section 11. Clerk of Chairman and Commission. (a) The clerk shall be appointed by the chairman of the Board of Commissioners and confirmed by at least one of the Commissioners and shall be directly responsible to said Board of Commissioners. His compensation shall be fixed by the Commission. (b) The clerk 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 property control records of all county property. (7) 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, 1981. The itemized list shall be posted on the bulletin board of the Hart County Courthouse and maintained thereon for at least thirty (30) days.

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(8) Perform such other duties as may be assigned by the chairman or the Commission or both. Section 12. Reports of Officers. The Commission shall be empowered to require all county officers to make reports on the general or specific conduct of the financial affairs of their respective offices no less than once each fiscal quarter. Section 13. Appointment of County Officials and Employees. Subject to the qualifications and limitations set out in this Act, the Commission 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 Hart 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. It is specifically provided that the elected county officials shall have the sole authority to appoint personnel to fill positions within their respective offices which are allowed by the Commission for such office, subject, however, to civil service and merit system laws of Hart County which may now be in force or subsequently adopted. Section 14. Hart County fiscal affairs shall be operated on fiscal year from October 1 to September 30 each year. Section 15. Appointment to Statutory Positions. The appointment and removal of, and the compensation to be paid to persons filling offices and positions created by State statute, where not otherwise prescribed by such statute, shall be made and fixed by the chairman, subject to the approval of the Commission, within budget provisions. Section 16. Records; Minutes. The clerk of the Commission and chairman 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

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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 17. Budget: Elected Officials. Each elected official who operates a county fund shall submit an annual budget to the Board of Commissioners on or before June 1 of each year beginning in 1981. 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 18 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. Section 18. Budget and Appropriations. The chairman shall submit annually to the Commission, not later than June 1, beginning in 1981, 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 Hart 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. Section 19. 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 the Commission shall institute a system of monthly allotments of all monies appropriated and budgeted.

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Section 20. Audits. The Commission shall on or before July 31 annually employ a certified public accountant for the making of an annual continuous audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist, and reporting the results of such audit to the Commission at least annually. Each annual report submitted to the Commission shall be filed with the Commission 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 Hart County and posted at the courthouse door a statement of the financial condition of the county as of September 30 of each year. Section 21. Officials not to Be Interested in Contracts. Neither the chairman nor any member of the Commission nor any other county officer empowered to use public or county funds for the purchase of goods, property, or services of any kind for public or county purposes shall be financially interested, directly or indirectly, in any contract to which the county is a party, either as principal, surety or otherwise; nor shall such officer, his partner, agent, servant, or employee of a firm of which he is a member or by whom he 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 22. Referendum. 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 Hart 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 Tuesday after the first Monday in November, 1978. At least 29 days shall intervene between the issuance of the call and the date of the election. 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 Hart County. The ballot shall have written or printed thereon the words:

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(YES) (NO) Shall the Act creating a three-member Board of Commissioners of Hart 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 Hart County. It shall be the duty of the judge of the probate court to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 23. Effective Date. This Act, when approved and ratified by the voters of Hart County in the referendum provided for in Section 22 of this Act, shall become effective on January 1, 1981, except for the provisions relating to the election of the chairman and Commissioners in Post 1 and Post 2 which shall become effective January 1, 1980. Section 24. Specific Repealer. An Act creating the office of Commissioner of Roads and Bridges for Hart County, approved March 9, 1959 (Ga. Laws 1959, p. 2580), as amended by an Act approved March 17, 1960 (Ga. Laws 1960, p. 3177), an Act approved February 28, 1962 (Ga. Laws 1962, p. 2479), an Act approved January 27, 1964 (Ga. Laws 1964, p. 2028), an Act approved March 30, 1965 (Ga. Laws 1965, p. 2930) and an Act approved February 28, 1966 (Ga. Laws 1966, p. 2622), is hereby repealed in its entirety. Section 25. 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 legislation will be introduced in the 1978 Georgia Legislature to call for a referendum to determine if the people of Hart County will want to change its form of government. Said referendum will offer the choice of retaining the same form of government or changing to a full time chairman and board. This referendum will be held in the general election in November, 1978. /s/ Billy Milford Georgia Representative District 13 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/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Hartwell Sun which is the official organ of Hart County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Billy Milford Representative, 13th District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Elizabeth Ann Juett. Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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MONTGOMERY COUNTYSHERIFF'S SECRETARY. No. 819 (House Bill No. 1866). AN ACT To amend an Act placing the Sheriff of Montgomery County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2120), as amended, so as to change the provisions relative to the compensation of the sheriff's secretary; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Montgomery County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2120), as amended, is hereby amended by striking from the last sentence of Section 9 the following: $3,600.00, and inserting in lieu thereof the following: $4,800.00, so that when so amended, the last sentence of Section 9 shall read as follows: The sheriff shall also be authorized to employ a secretary to assist him and to fix her compensation at $4,800.00 per annum, payable in the same manner as that of the deputy. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Montgomery County upon an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2120), as amended, so as to change the compensation of the sheriff's secretary; and for other purposes. This 23rd day of January, 1978. /s/ 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/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: February 1, 1978, February 8, 1978 and February 15, 1978. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett. Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF THOMASTONCHARTER AMENDED. No. 820 (House Bill No. 1868). AN ACT To amend an Act creating a new charter for the City of Thomaston, approved March 15, 1933 (Ga. Laws 1933, p. 1070), as amended, so as to change the provisions relating to the incorporation of said city; to change the provisions relating to the rights, powers, privileges and immunities of said city; to change the provisions relating to the board of education of said city, the election of its members, terms of office and filling of vacancies; to change the provisions relating to the powers and duties of the said 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 Thomaston, approved March 15, 1933 (Ga. Laws 1933, p. 1070), 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. From and after the passage of this Act, the City of Thomaston, in the County of Upson in said State, heretofore made a body politic, incorporated by the Acts of the General Assembly of Georgia, shall continue a body politic, incorporated, and shall be known by the corporate name of the City of Thomaston, and by that name shall be and is hereby vested with all the rights, powers and privileges incidental to municipal corporations in said State; and all powers, rights, privileges, titles, property and easements heretofore belonging to the City of Thomaston are hereby vested in the City of Thomaston created by this Act; and the City of Thomaston, by and in that name, may sue, but shall be clothed with sovereign immunity from suit against it, contract and be contracted with, plead and also implead, have and use the common or corporate seal, make and enact by and through the mayor and council of said city such ordinances, rules, regulations and resolutions for the welfare and proper government of said city and for the transaction of the business thereof as they may deem good and proper, consistent with the laws and Constitution of the State of Georgia and of the United States.

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Section 2. Said Act is further amended by striking in its entirety subsection (a) of Section 39 and inserting in lieu thereof a new subsection (a) to read as follows: (a) The board of education for the said system of public schools shall consist of seven members, the term of office of which shall be seven years, with the senior member to be retired annually on the last Friday in May and not to be eligible for reelection within two years thereafter. The election to said board shall be by the board and vacancies created thereon by death, resignation or removal from the City of Thomaston shall be filled immediately in said manner. The members of the board of education of the City of Thomaston shall, so long as said board elects to so do, constitute the Board of Trustees of R. E. Lee Institute, said institute being a legally chartered institution. Section 3. Said Act is further amended by striking in its entirety subsection (d) of Section 39 and inserting in lieu thereof a new subsection (d) to read as follows: (d) The board of education shall take and hold in trust for the City of Thomaston any grant or devise of land, or donation, or bequest of money or other property made to it for educational purposes, with the right to sue, but to be clothed with sovereign immunity from suit against it; it shall have full right and power to acquire property by purchase and to erect buildings thereon for school purposes; to rent, lease or take over for a number of years, with the privilege of renewal, from any person or corporation, school buildings, equipment and furnishings, and grounds for school purposes; to borrow money for current expenses and to do all other things that may be necessary to carry on successfully a modern school system; to devise, designate, establish, adopt and maintain a system of public schools in said city; to increase, modify, alter and change the same from time to time; to establish public schools for said City of Thomaston, including primary, grammar and high schools, as they may deem expedient and proper; to prescribe the curriculum, including agriculture, manual training, domestic arts, etc.; to appoint and employ teachers for the said schools and a superintendent for the same; to fix the compensation for teachers and the superintendent; to make bylaws, rules and regulations for its own government and that of the superintendent, teachers and pupils of said schools as it may deem proper; and to do any and all other acts promotive

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of the best educational interest of the said city when not in conflict with this Section or the Constitution and laws of the 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 1978 session of the General Assembly of Georgia a Bill to amend the Act creating a new Charter for the City of Thomaston, approved March 15, 1933 (Ga. L. 1933, p. 1070 et seq.), as amended. This 9th day of January, 1978. /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, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams, who, on oath, deposes and says that he/she 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 and Free Press which is the official organ of Upson County, on the following dates: January 11, 1978, January 18, 1978 and January 25, 1978. /s/ Marvin Adams Representative, 79th District Sworn to and subscribed before me, this 16th day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. DECATUR COUNTY-SHERIFF'S SALARY. No. 822 (House Bill No. 1876). 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. Laws 1966, p. 2134), so as to change the annual 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 of Decatur County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2134), is hereby amended by striking from Section 2 the following: $12,000, and inserting in lieu thereof the following: $16,537.50, so that when so amended Section 2 shall read as follows: Section 2. The sheriff shall receive an annual salary of $16,537.50, payable in equal monthly installments from the funds of Decatur County.

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Section 2. This Act shall become effective January 1, 1978. Section 3. All laws and parts of laws 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 1978 session of the General Assembly of Georgia, a bill or resolution to authorize the governing authority of Decatur County, Georgia, to increase the salary of the sheriff of Decatur County in excess of the minimum salary provided by Acts of the General Assembly of 1975, page 521, and for other purposes. /s/ Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he/she is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Bainbridge Post-Searchlight which is the official organ of Decatur County, on the following dates; January 28, 1978, February 4, 1978 and February 11, 1978. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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SPALDING COUNTYCORONER'S COMPENSATION. No. 823 (House Bill No. 1878). 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. Laws 1962, p. 3068), as amended, 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. Laws 1962, p. 3068), as amended, is hereby amended by striking Section 2 of said Act in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. From and after the first day of the month following the month in which the 1978 amendment of this Act shall become effective, the Coroner of Spalding County shall be paid a salary at the rate of $2,073.60 per annum, plus the additional sum of $150.00 per annum for each regular four-year term or part of such term which such officer has completed, which compensation shall be apportioned and payable for the remainder of the current year 1978 at said annual rate and shall be payable for all subsequent years at said annual rate from the funds of Spalding County. Said compensation shall be payable in equal monthly installments, as accrued, on the last day of each month, which said compensation shall be in full payment of all services rendered by said officer and shall be all inclusive. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia a Bill to change the compensation of the Coroner of Spalding County; to repeal conflicting laws and for other purposes. This the 28th day of December, 1977. Maureen C. Jackson as Clerk of Spalding County Commissioners. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle, who, on oath, deposes and says that he/she 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 31, 1977, January 7, 1978 and January 14, 1978. /s/ John R. Carlisle Representative, 71st District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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SPALDING COUNTYFIRE PROTECTION DISTRICTS. No. 824 (House Bill No. 1879). AN ACT To provide for the establishment of fire protection districts in Spalding County, Georgia, pursuant to constitutional provisions relative thereto; to provide that the governing authority of Spalding County may establish, constitute and, from time to time, reestablish, reconstitute or discontinue fire protection districts; to provide that the provisions of this Act shall be in addition to, and cumulative of, the provisions of the Act approved March 21, 1970, providing for the establishment of fire protection districts in Spalding County (Ga. Laws 1970, p. 3227), and that the powers and authority herein granted the governing authority of Spalding County shall be in addition to, and cumulative of, all other powers and authority such governing authority may now have, or may hereafter have, under other laws; to provide definitions of certain terms and words; to authorize contracts with municipal corporations and with private persons, private corporations, public bodies, political subdivisions and agencies of this State; to authorize Spalding County to levy a tax only upon the taxable property in any such fire protection district for the purpose of providing such services and systems of fire protection and 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 held for that purpose; to provide the procedure for holding such elections; to provide for the incurring of debts; to provide for the issuing of bonds; 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. Pursuant to an amendment of Paragraph III, Section IV, Article VII of the Constitution of the State of Georgia of 1945 (Ga. Laws 1968, p. 1704), which was ratified at the general election held on November 5, 1968, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof, the Board of Commissioners of Spalding County, Georgia, as the governing authority of said county, is hereby authorized to establish, administer and abolish and, from time to time, to

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discontinue, reestablish, reconstitute and administer, within the unincorporated areas of said county, districts for the purpose of providing fire protection services and systems of fire protection. In establishing any such district, or in discontinuing or abolishing any district and reestablishing another district, the governing authority of said county may prescribe such areas and bounds for such district and may change or redefine the areas and bounds for the establishment or reestablishment of any such district, from time to time, as the governing authority shall deem advisable. Section 2. As used in this Act, the term fire protection may include hydrants, fire stations and the fixtures and equipment thereof, and such fire engines, material, equipment, appliances and supplies, together with personnel to operate the same, as may be necessary to furnish fire protection in any and all of the unincorporated areas of Spalding County. Section 3. If the Board of Commissioners of Spalding County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Spalding County may enter into one or more contracts with any one or more of the municipalities, now or hereafter located within the State of Georgia, under which any such municipality or municipalities may provide whatever fire protection services are so determined to be needed or may provide therefor a separate fire protection system. In the event that the governing authority of Spalding County shall at any time request such fire protection or services, the City of Griffin or other such municipality within the State of Georgia to which such a request is directed, or the governing authority thereof, is hereby authorized and empowered, notwithstanding any limitations or provisions of its charter to the contrary, to furnish such fire protection and services in the unincorporated areas of Spalding County under and by virtue of such contract, pursuant to the pertinent laws of Georgia. Section 4. If the Board of Commissioners of Spalding County, as the governing authority of said county, shall at any time determine that any areas, districts or sections of said county not within the corporate limits of any municipality need the protection and services of a fire protection system, Spalding County may enter into one or more contracts with private persons and private corporations,

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as well as with municipal corporations, public bodies, political subdivisions and agencies of this State, for the purpose of establishing, administering and maintaining such districts and providing the fire protection services and systems as herein authorized. The governing authority of said county is hereby authorized to negotiate any such contract on such terms and conditions as the governing authority shall deem appropriate and in the best interests of said county and may execute any such contract for and on behalf of said county; provided, however, that the terms or period of any such contract shall not exceed twenty (20) years. Section 5. The costs for district fire protection shall be borne by the particular fire protection district, as established hereunder, which is to benefit therefrom and shall be paid by a tax levied only upon the taxable property in such district for the purpose of providing such services and systems of fire protection and 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 hereinafter provided. Money collected under any such levy shall be used for the aforesaid purposes in the fire protection district only in which such taxes are levied and not in any other fire protection district of said county. Section 6. Spalding County is hereby authorized to provide fire protection services and systems of fire protection in any such fire protection district, established or reconstituted as aforesaid, with the assent of a majority of the qualified voters in an election held in such district as herein provided. The governing authority of said county may levy a tax on all of the property, subject to ad valorem taxation and located in such district, for the purpose of providing such services and systems of fire protection and constructing and maintaining facilities therefor. The levy of any such tax shall be made without the grant or allowance of any exemptions from taxation as set forth in Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia or under any other provision of said Constitution or as set forth by the laws of this State and any such levy shall not be in excess of five (5) mills. In all other respects such tax levy shall be made, assessed, collected and enforced by said county as may be now or hereafter provided by law for ad valorem taxation by the counties of this State. Such five (5) mill limitation on the aforesaid tax levy shall not include the amount of any tax levy made to pay or retire bonds or debts issued or incurred as hereinafter provided in Sections 12 and 13 of this Act.

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Section 7. The Board of Commissioners of Spalding County, as the governing authority thereof, upon its determination of the area, limits or bounds of any such fire protection district established or reconstituted hereunder, may then adopt a resolution or order, directed and delivered to the Judge of the Probate Court of Spalding County, or any other official as may be hereafter authorized and empowered by the laws of Georgia to hold and conduct special elections in Spalding County, to which will be attached a description or bounds of such proposed fire protection district, authorizing and directing said judge or official to issue the call for and hold an election in such proposed fire protection district for the purpose of determining whether a majority of the qualified voters of such proposed district, voting in any such election, assent to the levy of such a tax by the county, only upon the taxable property in such district, for the purpose of providing such services and fire protection for such district and constructing and maintaining facilities therefor. Section 8. The Judge of the Probate Court of Spalding County, or other official as may be hereafter authorized to hold and conduct special elections in Spalding County, is hereby authorized to employ the necessary personnel and obtain the necessary ballots, materials and supplies to conduct each such election. He shall canvass the returns and declare and certify the results of each such election and he shall otherwise conduct each such election, under the pertinent laws of Georgia, as a special election. The judge of the probate court is hereby empowered and authorized to promulgate such rules and regulations, cumulative of those as provided by law, in conducting such elections that he, within his sole discretion, may deem necessary, fair and equitable under the circumstances prevailing. The expenses of each such election shall be borne by Spalding County. Section 9. Within thirty (30) days after the receipt of any such order or resolution of the governing authority of Spalding County, the judge of the probate court, or the official holding and conducting such special election, shall issue the call for such election for the purpose of determining whether taxes shall be levied in such proposed fire protection district for the aforesaid purposes. The date of each such election shall be set by said official for a day not less than thirty (30) nor more than sixty (60) days after the issuance of the call. The date and purpose of the election shall be published by the official calling such election once a week for two weeks immediately preceding the date thereof in the official organ of Spalding County.

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The Board of Registrars of said county, when so directed by the official calling such election, shall have the duty of compiling a list of voters or electors in each such proposed fire protection district; and only those electors who are duly registered to vote in such special elections and whose residency is inside the boundaries of said proposed fire protection district from the date of the call for such election through the tenth day preceding the date of such election, inclusive of both said dates, shall be qualified to vote in such election. Section 10. The ballot submitting such matter to the electors or voters in such election shall have written or printed thereon the following: For the levy of taxes not exceed five (5) mills for fire protection services. Against the levy of taxes not to exceed five (5) mills for fire protection services. If a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then such district shall become a fire protection district of the county, under and by virtue of the provisions of this Act, and the governing authority of Spalding County shall be authorized and empowered to assess, levy and collect such taxes in that district. If less than a majority of those persons voting in such election in any such proposed district vote for the levy of such taxes, then no such district shall be established and no such taxes shall be levied in that proposed district. The votes in each proposed fire protection district shall be counted separately and votes in each proposed district shall determine whether such taxes shall be levied in that particular district. Section 11. The governing authority of Spalding County is hereby empowered within its discretion to formulate and issue rules and regulations relative to the establishment, discontinuance, reestablishment and administration of fire protection districts. Section 12. The governing authority of Spalding County is hereby authorized to issue bonds as are necessary to effectuate the purposes of this Act, to construct and maintain the projects and facilities to provide fire protection services hereunder, to borrow money and execute evidences of indebtedness therefor, and to secure

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the payment of such bonds or indebtednesses by the pledge of tax revenues authorized hereunder therefor. Section 13. The governing authority of Spalding County is hereby authorized and empowered to issue bonds in an amount not exceeding ten per centum (10%) of the assessed value of all of the taxable property located in any such district as established or reconstituted hereunder, subject to taxation for bond purposes. Any such bonds issued or debts incurred in and for any such district shall not affect the amount of bonds Spalding County may issue or the amount of debts said county may incur for other purposes under Article IX, Section VII, Paragraph I of the Constitution of the State of Georgia of 1976 (being Paragraph I, Section VII, Article VII of the Constitution of the State of Georgia of 1945) or under any other provisions of the Constitution of the State of Georgia or under the laws of this State. Such bonds as are herein authorized may be issued in addition thereto. Such bonds for any such district, as herein authorized, shall be paid and retired only out of revenues collected from taxes levied only on the property subject to ad valorem taxation and located in such district, and the levy of any such tax shall be made without the grant or allowance of any exemption from taxation as set forth in Article VII, Section I, Paragraph IV of the Constitution of the State of Georgia or under any other provision of said Constitution or as set forth by the laws of this State. The amount of any such levy shall not be limited or restricted by any provision herein and may be in excess of the five (5) mills hereinbefore authorized to be levied in Section 6 if the governing authority of Spalding County deems it appropriate. Section 14. The governing authority of Spalding County is authorized and empowered to continue to administer the existing fire protection district established under and by virtue of the aforesaid Act approved March 21, 1970 (Ga. Laws 1970, p. 3227), if it elects to do so; and the governing authority of said county is hereby authorized and empowered to continue to establish and administer other districts, as may hereafter be established under said 1970 Act; provided, however, that the governing authority of said county, before enacting any resolutions or ordinances establishing, discontinuing, reestablishing or administering any fire protection district, shall state in such resolution as to whether it is acting under this Act or under the aforesaid 1970 Act.

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Section 15. If any Section or portion of this Act shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Act as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the portions of this Act not so held to be invalid or unconstitutional or the application of this Act to other circumstances not so held to be invalid or unconstitutional. It is hereby declared to be the intent of the General Assembly of Georgia to provide for separable and divisible parts of this Act and this legislative body does hereby adopt any and all parts hereof as may not be held invalid or unconstitutional. Section 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 17. All laws and parts of laws in conflict 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, 1978 Session of the General Assembly of Georgia a bill to authorize the governing authority of Spalding County to establish, administer and maintain fire protection districts in said county, to repeal conflicting laws and for other purposes. This the 20th day of December, 1977. /s/ Mrs. Maureen C. Jackson, as Clerk of Board of Commissioners of Spalding County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle, who, on oath, deposes and says that he/she 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 23, 1977, December 30, 1977 and January 6, 1978. /s/ John R. Carlisle Representative, 71st District

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Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved March 13, 1978. RICHMOND COUNTYDEPUTY SHERIFFS. No. 825 (House Bill No. 1457). AN ACT To amend an Act placing certain county officers upon an annual salary, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3964), so as to change the number of deputy sheriffs authorized to be employed in certain counties; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers upon an annual salary, approved March 28, 1961 (Ga. Laws 1961, p. 2688), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3964), is hereby amended by adding a new Section after Section 3 thereof, to be designated Section 3A, to read as follows:

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Section 3A. In addition to those deputy sheriffs otherwise authorized to be employed pursuant to Section 3 of this Act, twelve deputy sheriffs may be employed in a full-time capacity. The deputies so employed shall be subject to the same provisions of law as provided for other deputy sheriffs in the county and shall be compensated out of county funds as provided for by 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, approved March 23, 1977 (Ga. Laws 1977, p. 3701). Section 2. All laws and parts of laws 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 1978 Session of the General Assembly of Georgia, a Bill to provide for the number of employees, deputy sheriffs and clerks for the elected officials of Richmond County, Georgia; to provide for an effective date; to repeal conflicting laws; and for other purposes. This 21st day of December. /s/ Robert C. Daniel Jr., Richmond County Attorney Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath, says that he is the President of Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that legal notice of intention to apply for local legislation was duly published once a week for three weeks, as required by law. Said dates of publication being: December 24 and 31, 1977, January 7, 1978. /s/ William S. Morris, III, President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia.

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Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Marie B. Marriott Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved March 13, 1978. TROUP COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 826 (House Bill No. 1712). AN ACT To amend an Act creating a Small Claims Court in Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3718) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3279), so as to change the term of office of the judge; to provide for payment of the costs of the judge's bond; to provide for the payment of jurors; to specify and change certain fees and costs; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court in Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3718) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3279), is hereby amended by striking in its entirety Section 4 thereof and substituting in lieu thereof a new Section 4 to read as follows:

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Section 4. (a) There shall be a judge of said court whose term of office shall be four years and who shall serve until his successor shall have been elected and qualified. The judge of the Small Claims Court of Troup County shall be elected at the general election conducted in November, 1978, and he shall assume office on January 1, 1979. The judge of the court in office on the effective date of this Section shall remain in office until the election and qualification of his successor as provided in this Section. (b) Should a vacancy be caused by the death, resignation, or incompetency of any judge, the judge of the State Court of Troup County shall act as the judge of said Small Claims Court until a judge has been elected to fill such vacancy. Whenever a vacancy shall occur in the office of the judge of the Small Claims Court of Troup County, the Judge of the Probate Court of Troup County shall issue, within 10 days after the occurrence of such vacancy, the call for an election to fill such vacancy. The judge of the probate court shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call. (c) The judge of the State Court of Troup County, when acting as the judge of the Small Claims Court of Troup County, shall have and exercise all the powers and duties of the office and shall receive the compensation of such office during his tenure. The election of such judge for a full term, or for an unexpired term, shall be entered on the minutes of the Probate Court of Troup County and a certified copy thereof immediately forwarded to the Governor who shall issue his commission to the judge so elected, for the term to which he may have been elected. Section 2. Said Act is further amended by striking Section 13 thereof in its entirety and substituting in lieu thereof a new Section 13 to read as follows: Section 13. The judge of said court shall give bond and with good security for the faithful performance of his duties as judge of said court in the sum of $20,000.00. Said bond shall be payable to the Governor, shall be approved by the Judge of the Probate Court of Troup County, and shall be entered on the minutes of the probate court. The cost of the judge's bond shall be paid by the county governing authority from funds of Troup County.

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Section 3. Said Act is further amended by inserting a new Section after Section 16 thereof, to be designated Section 16A, to read as follows: Section 16A. Jurors serving in the Small Claims Court of Troup County shall receive the amount of $7.50 for each day in attendance upon the court. Section 4. Said Act is further amended by striking from Section 21 thereof the following: in all cases, and substituting in lieu thereof the following: for warrants, so that when so amended Section 21 shall read as follows: Section 21. The costs and fees charged in said court for warrants shall be the same as are now or hereafter provided by law for justice courts and constables, except as otherwise provided herein. Section 5. Said Act is further amended by striking Section 22 thereof in its entirety and substituting in lieu thereof a new Section 22 to read as follows: Section 22. Each party filing a civil suit or proceeding in said court shall deposit with the clerk or deputy clerk or the judge as ex officio clerk of said court at the time of the filing or commencement of said proceeding the sum of $15.00, which shall cover all costs of the proceeding. The deposit of costs in cases of garnishment, levy, dispossessory judgment, foreclosure judgment, and repossession judgment shall be $15.00. The deposit shall not be required of any person who subscribes an affidavit to the effect that from poverty he is unable to pay the deposit. If the party making such deposit finally prevails in the suit or proceeding, the amount of the deposit shall be attached against the losing party defendant and shall be refunded to the party making the deposit after all costs have been paid.

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Section 6. This Act shall become effective April 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 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court in Troup County, Georgia, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, so as to change or provide for certain matters relating to the said court; and for other purposes. This 3 day of January, 1978. /s/ Marvin Jones, Chairman Board of Commissioners of Troup County 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/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 6, 1978, January 13, 1978 and January 20, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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STATE COURT OF TROUP COUNTYSALARIES. No. 827 (House Bill No. 1713). AN ACT To amend an Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), so as to change the salary of the judge and of the solicitor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Troup County (formerly the Civil and Criminal Court of Troup County), approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended by an Act approved March 20, 1963 (Ga. Laws 1963, p. 2309), an Act approved March 31, 1972 (Ga. Laws 1972, p. 3214), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3722), is hereby amended by striking from the second paragraph of Section 5 the following: $16,000.00 per annum, and inserting in lieu thereof the following: $17,150.00 per annum, so that when so amended Section 5 shall read as follows: Section 5. Judge; Qualifications; Oath; Salary: Any person who shall be elected Judge of said Civil and Criminal Court of Troup County must, at the time of his election be at least twenty-five years of age; he must also have been a resident of Troup County for two years immediately preceding his election, and must have been a practicing attorney for at least two years immediately preceding his election, and before entering upon the discharge of his duties of his office, he shall take and subscribe the following oath: `I solemnly swear that I will administer justice without respect to

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persons, and do equal right to the poor and the rich, and that I will faithfully and impartially discharge and perform all the duties which may be required of me as Judge of the Civil and Criminal Court of Troup County, according to the best of my ability and understanding, according to the laws and Constitution of this State and of the United States, so help me God.' And said oath shall be forwarded to the Governor and filed in the executive department. The salary of the Judge of the Civil and Criminal Court of Troup County shall be $17,150.00 per annum, which said salary shall be paid monthly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Roads and Revenues of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. Said judge shall be hereby prohibited from practicing law in any of the courts of Troup County, Georgia. Section 2. Said Act is further amended by striking from the fourth paragraph of Section 6 the following: $10,666.66, and inserting in lieu thereof the following: $11,450.00, so that when so amended, the fourth paragraph of Section 6 shall read as follows: The salary of the Solicitor of the said Civil and Criminal Court of Troup County shall be $11,450.00 per annum, for prosecution of all criminal cases, which said salary shall be paid monthly in equal installments from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Commissioners of Roads and Revenues of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. 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 introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Troup County, approved March 6, 1962 (Ga. Laws 1962, p. 3020), as amended, so as to change the compensation of the judge and of the solicitor; and for other purposes. This 11 day of January, 1978 /s/ Frank Traylor, Chairman Board of Commissioners of Troup County 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/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TROUP COUNTYCORONER'S SALARY. No. 828 (House Bill No. 1714). AN ACT To amend an Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to change the compensation of the coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), 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 Coroner of Troup County shall be compensated by salary as hereinafter set out. The coroner shall receive a salary of $1,950.00 per annum out of the county treasury payable monthly. Said salary shall be in lieu of the fees allowed said coroner by law for holding inquests or any other salary provisions heretofore enacted into law, and all of said fees shall hereinafter be paid into the county treasury. Section 2. This Act shall become effective on the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act to change the compensation of the Coroner of Troup County, approved March 31, 1967 (Ga. Laws 1967, p. 2348), as amended, so as to change the compensation of the coroner; and for other purposes. This 11 day of January, 1978. /s/ Frank Traylor, Chairman Board of Commissioners of Troup County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oathes, J. Crawford Ware, who, on oath, deposes and say that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TROUP COUNTYSMALL CLAIMS COURT ACT AMENDED No. 829 (House Bill No. 1716). AN ACT To amend an Act creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, so as to change the salary of the 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 creating a Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, is hereby amended by striking from Section 8 thereof the following: $12,000.00, and substituting in lieu thereof the following: $12,850.00, so that when so amended Section 8 shall read as follows: Section 8. The judge of said court shall receive a salary in the amount of $12,850.00 per annum, which said salary shall be paid monthly from the treasury of Troup County, Georgia, out of the general funds of said county, and it shall be the duty of the Board of Commissioners of Troup County, Georgia, to make provisions annually in levying taxes for this purpose. The salary of said judge shall not be diminished during his term of 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 at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the Small Claims Court of Troup County, approved March 23, 1972 (Ga. Laws 1972, p. 2369), as amended, so as to change the compensation of the judge; and for other purposes. This 11 day of January, 1978. /s/ Frank Traylor, Chairman Board of Commissioners of Troup County 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/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TROUP COUNTYSALARY ACT AMENDED. No. 830 (House Bill No. 1717). AN ACT To amend an Act providing compensation for specified officers in Troup County, approved February 2, 1955 (Ga. Laws 1955, p. 2006), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), so as to change the salary of the sheriff, tax commissioner, and 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 providing compensation for specified officers in Troup County, approved February 2, 1955 (Ga. Laws 1955, p. 2006), as amended, particularly by an Act approved March 21, 1968 (Ga. Laws 1968, p. 2689), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3859), is hereby amended by striking from Section 3 thereof the following: fifteen thousand dollars ($15,000.00), and substituting in lieu thereof the following: $19,000.00, so that when so amended, Section 3 shall read as follows: Section 3. The Sheriff of Troup shall be compensated in the amount of $19,000.00 per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be all-inclusive, and the sheriff shall receive no other compensation for any service he performs in any capacity or in any court. Section 2. Said Act is further amended by striking from Section 5 thereof the following: fourteen thousand two hundred dollars ($14,200.00),

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and substituting in lieu thereof the following: $16,000.00, so that when so amended, Section 5 shall read as follows: Section 5. The Tax Commissioner of Troup County shall be compensated in the amount of $16,000.00 per annum, to be paid in equal monthly installments from the funds of Troup County. Said compensation shall be in full payment for all services for receiving and collecting taxes due the State, county or any other subdivision and for discharging any and all duties imposed by law, and the said tax commissioner shall receive no other remuneration from fees or from any other source. Section 3. Said Act is further amended by striking from Section 6 thereof the following: ten thousand ($10,000.00) dollars, and substituting in lieu thereof the following: $15,300.00, so that when so amended, Section 6 shall read as follows: Section 6. The judge of the probate court of Troup County shall be compensated in the amount of $15,300.00 per annum, to be paid in equal monthly installments from the funds of Troup County. Such compensation shall be in full payment and shall cover all services of such official and said official shall receive no other fees or remuneration for his services. 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act providing compensation for specified offices in Troup County, approved February 2, 1955 (Ga. Laws 1955, p. 2006), so as to change the compensation of the sheriff, tax commissioner, and probate judge; and for other purposes. This 11 day of January, 1978. /s/ Frank Traylor, Chairman Board of Commissioners of Troup County 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/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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GREENE COUNTYPROBATE JUDGE'S SALARY. No. 831 (House Bill No. 1721). AN ACT To amend an Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3558), so as to change the clerical allowance of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain county officers of Greene County upon an annual salary, approved March 6, 1961 (Ga. Laws 1961, p. 2182), as amended, particularly by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3558), is hereby amended by striking the words, symbols and figure two thousand ($2,000.00) in Section 4 and inserting in lieu thereof the words, symbols and figure four thousand ($4,000.00), so that Section 4, when so amended, shall read as follows: Section 4. The Judge of the Probate Court of Greene County shall be compensated in the amount of eight thousand ($8,000.00) dollars per annum, to be paid in equal monthly installments from the funds of Greene County. In addition thereto, the judge of the probate court shall receive for the purpose of employing secretarial or clerical assistance an additional sum from county funds not to exceed four thousand ($4,000.00) dollars per annum. 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 1978 session of the Georgia General Assembly of Georgia a bill to amend an Act placing certain county officers of Greene County on a salary basis in lieu of a fee basis approved March 6, 1961 (Ga. L. 1961, page 2182) as amended by an Act approved March 25, 1965 (Ga.L. 1965, page 2550) and by an Act approved March 24, 1965 (Ga.L. 1965, page 2619) and by an Act approved March 21, 1968 (Ga.L. 1968, page 2606) and by an act approved April 3, 1972 (Ga.L. 1972, page 3558) so as to change the amount the Probate Judge shall receive for the purpose of employing secretarial or clerical assistance. This the 28th day of December, 1977. /s/ E. R. Lambert Representative 112th District Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she 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 5, 1978, January 12, 1978 and January 19, 1978. /s/ E. R. Lambert Representative, 112th District Sworn to and subscribed before me, this 3rd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981 (Seal). Approved March 13, 1978.

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GREENE COUNTY AIRPORT AUTHORITY ACT. No. 832 (House Bill No. 1723). AN ACT To create and establish the Greene County Airport Authority and to authorize such authority to acquire, construct, equip, maintain, operate, own and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment and the usual and convenient facilities appertaining to such undertakings, and to acquire the necessary property therefor, both real and personal, and to lease and sell any and all such facilities including real property; to confer powers and to impose duties on the authority; to provide for the membership and for the appointment of members of the authority and their term of tenure and compensation; to authorize the authority to contract with others pertaining to airports and landing fields for the use of aircraft and to execute leases of such facilities and to do all things deemed necessary or convenient for the operation of such undertaking; to provide for the liberal construction of this Act; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Greene County Airport Authority Act. Section 2. Greene County Airport Authority. There is hereby created a body corporate and politic to be known as the Greene County Airport Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by the 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 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 Greene County Airport Authority shall be composed of five members appointed by the Board of Commissioners of Greene County. Within thirty days after the effective

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date of this Act, it shall be the duty of the Board of Commissioners of Greene County to appoint the initial members of the authority. Initial members of the authority shall serve for terms of office ending December 31, 1978; December 31, 1979; December 31, 1980; December 31, 1981; and December 31, 1982, as designated by the Board of Commissioners of Greene County. Thereafter, all appointments shall be for terms of two years, and the persons so appointed shall assume office on January 1 following their appointment and serve until their successors are duly appointed and qualified. Members shall be eligible for reappointment. No person shall be appointed to membership on the authority unless he is a freeholder in Greene County and qualified and registered to vote for members of the General Assembly in Greene County. Section 4. Meetings. The authority shall hold its first meeting within forty-five days after the effective date of this Act at which time the authority shall elect one of its members as its chairman and one member as secretary-treasurer. The authority shall meet at such times as may be necessary to transact the business coming before it, but not less than quarterly. At its first meeting in January of each year thereafter, the authority shall elect one of its members as its chairman and another member as secretary-treasurer. Only one person shall hold the office of secretary-treasurer. These officers shall be elected for a term ending on December 31 of the year in which they were elected or until their successors are elected and qualified. Three members of the authority shall constitute a quorum for the transaction of all business coming before it. The members of the authority shall serve without pay except that they shall be reimbursed for actual expenses incurred in the performance of their duties. Section 5. Vacancies in Office. In the event of a vacancy on the authority by reason of death, resignation or otherwise, the vacancy shall be filled by the appointing authority and the person so appointed shall serve for the remainder of the unexpired term. Section 6. Definitions. As used in this Act the following words and terms have the following meanings: (a) The words appointing authority shall mean the Board of Commissioners of Greene County, Georgia.

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(b) The word authority shall mean the Greene County Airport Authority as created by the provisions of this Act. (c) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance, improving and operation of public airports and landing fields for the use of aircraft, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property, both real and personal, and the lease and sale of any part or all such facilities, including real and personal property so as to insure the efficient and proper development, maintenance, and operation of such airports and landing fields for the use of aircraft deemed by the authority to be necessary, convenient or desirable. Section 7. Powers. The authority shall have powers: (a) To have a seal and alter the same at pleasure; (b) To acquire by purchase, lease or otherwise, and to hold, lease, dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, 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 contract with respect to the use of or disposition of the same in any manner it deems to the best advantage of the authority; (d) To appoint, select and employ, officers, agents and employees including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient including contracts for construction of projects or leases of projects or contracts with respect to the use of projects which 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

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upon such terms and for such purposes as it may deem advisable; the said authority is further granted the authority to make contracts, leases and to execute all instruments necessary or convenient with the United States Government or any agency or department thereof concerning the projects of the authority; (f) With the consent of the appointing authority 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 funds provided by the appointing authority 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 material or property of any kind from the United States of America or any agency or instrumentality or political subdivision thereof or from any other source, upon such terms and conditions as the United States of America or such agency or instrumentality or other source may impose; (h) To accept loans and grants, or to accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof or from any other source upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision or any other source, may impose; (i) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; (j) With the consent of the appointing authority, the authority is specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or any interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the authority was created, except as such right and power may be limited as provided in Section 2 hereof; (k) To do all things necessary or convenient to carry out the powers especially given in this Act.

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Section 8. Monies Received Considered Trust Funds. All monies received pursuant to the authority of this Act, whether 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 9. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the authority is declared to be that of acquiring, constructing, equipping, maintaining, improving and operating airports and landing fields for the use of aircraft, including any related building and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the authority necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 10. Rates, Charges and Revenues; Use. With the consent of the appointing authority, the authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities. Section 11. Rules and Regulations for Operation of Projects. It shall be the duty of the authority to prescribe rules and regulations for the operation of the project or projects constructed or operated under the provisions of this Act, including the basis on which airports and landing fields for the use of aircraft shall be furnished. Section 12. 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 13. Transfer of Title. After the passage of this Act, the Board of Commissioners of Greene County may transfer title of the land comprising the Greene County Airport to the authority or said

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board may elect to vest control of the airport property to said authority for the purpose of operating, managing and regulating the same. Said board shall signify its choice by a proper resolution duly entered on its minutes. Section 14. 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 Greene County, shall be liberally construed to effect the purpose hereof. Section 15. Severability . The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions. Section 16. Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create and establish the Greene County Airport Authority to provide for all matters relative to the foregoing; and for other purposes. This 27th day of December, 1977. /s/ E. R. Lambert Representative 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she 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 5, 1978, January 12, 1978 and January 19, 1978. /s/ E. R. Lambert Representative, 112th District

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Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved March 13, 1978. MORGAN COUNTYSMALL CLAIMS COURT CREATED. No. 833 (House Bill No. 1722). AN ACT To create and establish a Small Claims Court in and for Morgan 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 for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1 . There is hereby created and established a Small Claims Court in and for Morgan 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. Said judge shall have the authority to issue criminal warrants, to hold commitment hearings and to generally perform all acts and exercise all powers granted to justices of the peace by the laws of the State of Georgia. Section 2 . (a) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Morgan County, be at least twenty-two years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3 . Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Morgan 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.

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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 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. (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

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be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) 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 $10.50 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 $10.50. 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 $10.50 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

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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. 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 Morgan County may, from time to time, 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. 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 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:

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Small Claims Court of Morgan County

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Section 18. On or before the effective date of this Act the Board of Commissioners of Morgan County, by a majority vote, 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 a majority vote of the Board of Commissioners of Morgan County and qualified. All vacancies in the offce of judge shall be filled by appointment of a successor by a majority vote of the Board of Commissioners of Morgan County, and such successor shall serve for the remainder of the unexpired term. Section 19. All office space, courtroom facilities and utilities 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 designed 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. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendent. 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. Whenever service is made in person by a court officer, as aforesaid, such officer shall enter his return of service either in the back of the original garnishment affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. 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 of depository to be used for county purposes.

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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 of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create and establish a Small Claims Court in and for Morgan County; to provide for all matters relative to the foregoing; and for other purposes. This 3rd day of January, 1978. /s/ E. Roy Lambert Representative, 112th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, E. R. Lambert who, on oath, deposes and says that he/she 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 5, 1978, January 12, 1978 and January 19, 1978. /s/ E. R. Lambert Representative, 112th District

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Sworn to and subscribed before me, this 3rd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HEARD COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 834 (House Bill No. 1732). AN ACT To amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. Laws 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2459), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2852), so as to change the compensation of the tax commissioner; to require that certain fees be paid into the county treasury; to authorize the employment of a part-time clerk for the tax commissioner; 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 and duties of Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga.

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Laws 1929, p. 638), as amended by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2459), and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2852), is hereby amended by striking Section 10 thereof in its entirety and substituting in lieu thereof a new Section 10 to read as follows: Section 10. (a) The tax commissioner shall receive an annual salary of $11,800, payable in equal monthly installments from the funds of Heard County. Except as otherwise provided in subsection (c), any clerical personnel which may be necessary for the tax commissioner to perform the duties of his office shall be paid by the tax commissioner out of his annual salary. (b) All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Heard County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 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. Laws 1937-38, Ex. Sess., p. 297), as now or hereafter amended. (c) The tax commissioner may employ one part-time clerk to assist him in the performance of his duties. The clerk shall be employed, supervised, and terminated by the tax commissioner in his sole discretion. The clerk shall be paid from funds of Heard County in periodic equal installments as determined by the tax commissioner. The compensation of the clerk shall be determined by the governing authority of Heard County upon the recommendation of the tax commissioner.

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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. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices and duties of Tax Receiver and Tax Collector of Heard County into the single office of Tax Commissioner of Heard County, approved April 17, 1929 (Ga. Laws 1929, p. 638), as amended, so as to change the compensation of the tax commissioner; to provide for other matters relative to the tax commissioner; and for other purposes. This 23 day of December, 1977 /s/ Wayne Miller Heard County Commissioner Georgia, Heard County. Personally appeared before me, a Notary Public within and for above State and County, B. T. McCutchen who, on oath, deposes and says that he is the publisher of the News and Banner which is the official organ of Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 4, 11 and 18, 1978. /s/ B. T. McCutchen Publisher Sworn to and subscribed before me, this 18th day of January, 1978.

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/s/ Barbara Rivers Notary Public Georgia State at Large. My Commission Expires July 11, 1978. (Seal). Approved March 13, 1978. HEARD COUNTYSHERIFF'S COMPENSATION. No. 835 (House Bill No. 1731). AN ACT To amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2457) and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2854), so as to change the compensation of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2457) and an Act approved March 5, 1976 (Ga. Laws 1976, p. 2854), is hereby amended by striking from Section 1 the following: $12,000.00, and inserting in lieu thereof the following: $14,500.00, so that when so amended, Section 1 shall read as follows:

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Section 1. The present method of compensation for the Sheriff of Heard County, Georgia, is hereby changed from the fee system to the salary system, and the Sheriff of Heard County shall hereafter be paid on a salary basis. The sheriff shall be compensated in the amount of $14,500.00 per annum, to be paid in equal monthly installments at the end of each calendar month from the funds of Heard County. Such compensation shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the Sheriff of Heard County after the effective date of this Act, and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, allowances, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of Heard County or for any department or official of the State of Georgia. Section 2. This Act shall become effective on the first 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Heard County on an annual salary in lieu of the fee system of compensation, approved February 9, 1965 (Ga. Laws 1965, p. 2020), as amended, so as to change the compensation of the sheriff; and for other purposes. This 23 day of December, 1977. /s/ Wayne Miller Heard County Commissioner

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Georgia, Heard County. Personally appeared before me, a Notary Public within and for above State and County, B. T. McCutchen who, on oath, deposes and says that he is the publisher of the News and Banner which is the official organ of Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 4, 11 and 18, 1978. /s/ B. T. McCutchen Publisher Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Barbara Rivers Notary Public, Georgia State at Large. My Commission Expires July 11, 1978. (Seal). Approved March 13, 1978. HEARD COUNTYCOMMISSIONER'S SALARY. No. 836 (House Bill No. 1729). AN ACT To amend an Act to create the office of Commissioner of Heard County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), 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 to create the office of Commissioner of Heard County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), is hereby amended by striking from Section 8 thereof the following:

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$12,000.00, and inserting in lieu thereof the following: $14,500.00, so that when so amended Section 8 shall read as follows: Section 8. The commissioner shall devote his full time to the office of Commissioner of Heard County, Georgia, and shall faithfully, honestly and diligently apply himself to conducting the business and financial affairs of Heard County for which he shall be compensated in the amount of $14,500.00 per year, such sum to be paid in equal monthly installments from the funds of Heard County. A vehicle belonging to the county shall be furnished to the commissioner, such vehicle to be used for county governmental purposes only, and the cost of gas, oil, repairs and maintenance shall be paid from the funds of Heard County. Section 2. This Act shall become effective on the first 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act to create the office of Commissioner of Heard County, approved April 17, 1975 (Ga. Laws 1975, p. 4433), so as to change the compensation of the commissioner; and for other purposes. This 23 day of December, 1977. /s/ Wayne Miller Heard County Commissioner.

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Georgia, Heard County. Personally appeared before me, a Notary Public within and for above State and County, B. T. McCutchen who, on oath, deposes and says that he is the publisher of The News and Banner which is the official organ of Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 4, 11, 18, 1978. /s/ B. T. McCutchen Publisher Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Barbara Rivers Notary Public (Seal). Approved March 13, 1978. TOWN OF POOLEROFFICE OF RECORDER ABOLISHED. No. 837 (House Bill No. 1726). AN ACT To amend an Act to create a new charter for the Town of Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), so as to abolish the office of recorder; to transfer the duties and responsibilities of the recorder to the town clerk; 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 Pooler, approved March 31, 1976 (Ga. Laws 1976, p. 3419), is hereby amended by inserting a new Section after Section 2.17 thereof, to be designated Section 2.18, to read as follows:

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Section 2.18. Office of recorder abolished; transfer of duties. As of the end of the present term of the recorder, the office of Recorder of the Town of Pooler is abolished. All powers, duties, and responsibilities of the recorder are transferred to, and shall become the responsibility of, the town clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. The Town of Pooler's Intention to Introduce Special Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of the State of Georgia a Bill which will provide for the ABOLISHMENT OF of the office of TOWN RECORDER and provide that those functions will be assumed by the Town Clerk. /s/ James Bunch Town of Pooler Chatham County, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, George Chance who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 12, 1978, January 16, 1978 and January 23, 1978. /s/ George Chance Representative, 129th District Sworn to and subscribed before me, this 7th day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CHATTAHOOCHEE COUNTYBOARD OF COMMISSIONERS, SALARIES. No. 838 (House Bill No. 1727). AN ACT To amend an Act creating the Board of Commissioners of Chattahoochee County, approved March 16, 1937 (Ga. Laws 1937, p. 1283), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2869), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 3574), so as to change the compensation of the chairman and members of the Board of Commissioners of Chattahoochee County; to change the compensation of the clerk 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 Chattahoochee County, approved March 16, 1937 (Ga. Laws 1937, p. 1283), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2869), and an Act approved March 18, 1974 (Ga. Laws 1974, p. 3574), is hereby amended by striking from Section 5 of said Act the following: fifty ($50.00), and inserting in lieu thereof the following: one hundred ($100.00),

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and by striking from said Act the following: twenty-five ($25.00), and inserting in lieu thereof the following: fifty ($50.00), so that when so amended, Section 5 shall read as follows: Section 5. The Commissioners shall elect from among their number a chairman, who shall preside over the meetings of the Board. They shall also elect a clerk of said Board, whose duties and compensation are hereinafter defined. Said Board shall meet on the first Tuesday of each month, and the election of the chairman of said Board shall take place on the first Tuesday in January of each year. The compensation of the chairman of the Board of Commissioners shall be one hundred ($100.00) dollars per month and the compensation of the other members of the Board of Commissioners shall be fifty ($50.00) dollars per month, payable monthly, out of the county funds legally available for such purpose. Section 2. Said Act is further amended by striking from Section 9 of said Act the following: two hundred fifty ($250.00), and inserting in lieu thereof the following: three hundred ($300.00), so that when so amended, Section 9 shall read as follows: Section 9. The Commissioners shall elect a clerk for said Board, whose duty it shall be to keep, in a well-bound book, a complete record of the acts and doings of said Board and said clerk shall perform any other duties as the Board may require of him and shall hold office at the will of said Board, and shall receive such compensation as the Board may fix, not to exceed the sum of three hundred ($300.00) dollars per month. Before entering upon the discharge of his duties, said clerk shall give bond in the amount of one thousand ($1,000.00) dollars subject to the approval of the Commissioners,

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conditioned for the faithful performance of his duties as clerk, payable to the Governor. 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. Legal Notice. Notice of Intention to Introduce Local Legislation Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia a bill to change the compensation of the Chairman, other members of the Board of Commissioners and the Clerk of the Board of Commissioners of Chattahoochee County; to repeal conflicting laws; and for other purposes. /s/ Wade Coleman, 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/she 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 9, 1978, January 16, 1978 and January 23, 1978. /s/ Don Castleberry Representative, 111th District Sworn to and subscribed before me, this 7th day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HEARD COUNTYPROBATE JUDGE'S SALARY. No. 839 (House Bill No. 1733). AN ACT To amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2452), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2856), so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2452), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2856), 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 judge of the probate court shall receive an annual salary of $10,050 and, in addition thereto, shall receive $50 per month for holding and conducting elections and $100 per month for handling traffic cases. The compensation of the judge of the probate court 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.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Heard County on an annual salary in lieu of the fee system of compensation approved March 29, 1973 (Ga. Laws 1973, p. 2452) as amended, so as to change the provisions relating to the compensation of the Judge of the Probate Court of Heard County and for other purposes. This 23 day of December 1977. /s/ Wayne Miller Heard County Commissioner Georgia, Heard County. Personally appeared before me, a Notary Public within and for above State and County, B. T. McCutchen who, on oath, deposes and says that he is the publisher of the News and Banner which is the official organ of Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 4, 11 and 18, 1978. /s/ B. T. McCutchen Publisher. Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Barbara Rivers Notary Public. My Commission Expires July 11, 1978. (Seal). Approved March 13, 1978.

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STATE COURT OF COBB COUNTYADDITIONAL JUDGE. No. 840 (House Bill No. 1734). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 20, 1974 (Ga. Laws 1974, p. 2226), so as to provide for a third additional judge of the State Court of Cobb County; to provide for the election, powers, duties, jurisdiction, privileges, immunities and compensation of said additional judge; to authorize the governing authority of Cobb County to provide facilities, office space, supplies, equipment and personnel for said judge; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act approved March 20, 1974 (Ga. Laws 1974, p. 2226), is hereby amended by adding a new paragraph at the end of Section 3, to read as follows: There shall be a third additional judge of the State Court of Cobb County who shall be elected at the general election which is conducted in 1978, and he shall take office on January 1, 1979, to serve for a term of office of four years and until his successor is duly elected and qualified. Thereafter, successors shall be elected at the general election conducted immediately prior to the expiration of the term of office, and they shall take office on the first day of January following their election and shall serve for a term of office of four years and until their successors are duly elected and qualified. Said additional judge shall have and may exercise all powers, duties, jurisdictions, privileges and immunities of the present judges

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of the State Court of Cobb County. Any of the judges of said court may preside over any cause and perform any official act as judge thereof. The compensation of the third additional judge shall be the same as that provided for other judges of the State Court of Cobb County. Section 2. Upon request of the third additional judge, the governing authority of Cobb County is hereby authorized to furnish the additional judge with suitable courtroom space and facilities, office space, office equipment, supplies and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized herein are hereby declared to be an expense of court and payable out of the county treasury as such. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 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 30 day of Dec. 1977. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ Joe Mack Wilson Representatives

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Max D. Kaley who, on oath, deposes and says that he/she 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 30, 1977, January 6, 1978 and January 13, 1978. /s/ Max D. Kaley Representative, 19th District. Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HEARD COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 841 (House Bill No. 1730). AN ACT To amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2449), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2858), 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.

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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 Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2449), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2858), is hereby amended by striking from Section 2 the following: $10,500.00, 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 shall receive an annual salary of $12,000.00, 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. Legal Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act placing the Clerk of the Superior Court of Heard County on an annual salary in lieu of the fee system of compensation, approved March 29, 1973 (Ga. Laws 1973, p. 2449), so as to change the compensation of the clerk of the superior court; and for other purposes. This 23 day of December, 1977. /s/ Wayne Miller Heard County Commissioner

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Georgia, Heard County. Personally appeared before me, a Notary Public within and for above State and County, B. T. McCutchen who, on oath, deposes and says that he is the publisher of the News and Banner which is the official organ of Heard County, and that the attached copy of Notice of Intention to Introduce Local Legislation was published therein on the following dates: January 4, 11, 18, 1978. /s/ B. T. McCutchen Publisher Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Barbara Rivers Notary Public My Commission Expires July 11, 1978. (Seal). Approved March 13, 1978. CITY OF PERRYTAXES. No. 842 (House Bill No. 1359). AN ACT To amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. Laws 1937, p. 2029), as amended, so as to change the provisions relating to the time at which taxes on property levied by the City of Perry shall be due and payable; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. Laws 1937, p. 2029), as amended, is hereby amended by striking from Section 52, the following: the 15th day of October of each year, and inserting in lieu thereof the following: a day to be fixed by the mayor and council but not earlier than October 1st and not later than December 31st of each year, so that when so amended Section 52 shall read as follows: Section 52. Tax Execution Costs. The taxes on property levied by the City of Perry shall be due and payable on a day to be fixed by the mayor and council but not earlier than October 1st and not later than December 31st of each year and unless paid on or before said day, an execution for the purpose of collecting such taxes shall be issued immediately by the clerk and treasurer. Costs thereof, and the costs of levy and sale in the manner provided in this charter, shall be the same as in executions from the office of the tax collector of Houston County and in tax sales by the sheriff of said county. Said executions shall bear interest thereon at the rate of seven percent per annum from said due date. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Perry, approved March 29, 1937 (Ga. Laws 1937, p. 2029), as amended; and for other purposes. This 15th day of December, 1977. /s/ 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 115 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: December 15, 1977, December 22, 1977 and December 29, 1977. /s/ Larry Walker Representative, 115 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 13, 1978. STATE COURT OF THOMAS COUNTYJUDGE'S SALARY. No. 843 (House Bill No. 1371). AN ACT To amend an Act establishing the State Court of Thomas County, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), so as to change the salary of the judge of the said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act establishing the State Court of Thomas County, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), is hereby amended by striking from the last paragraph of Section 12 the following: seventy-eight hundred ($7,800.00) dollars, and inserting in lieu thereof the following: ten thousand dollars ($10,000.00), so that the last paragraph of Section 12, when so amended, shall read as follows: Such oath shall be immediately forwarded to the Governor and filed in the Executive Department. Said judge shall practice law in any other court except the one provided for by this Act; he shall have authority to issue criminal warrants to dispossess tenants holding over and intruders; to issue distress warrants, and generally all acts which the judges of the county courts are generally authorized to do, unless otherwise provided in this Act. The said judge shall receive a salary of ten thousand dollars ($10,000.00) per annum and shall be paid monthly out of the treasury of Thomas County. Said judge shall have the same power to enforce his orders, preserve order, and punish for contempt, and enforce laws and judgments, as is vested by law in the judges of the superior courts of this State. Section 2. All 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 1978 session of the General Assembly of Georgia a bill entitled: SALARY JUDGE OF STATE COURT. An Act to amend an Act establishing the City Court of Thomasville in and for the County of Thomas, approved August 18, 1905 (Ga. L. 1905, p. 383), as amended particularly

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by an Act approved April 17, 1975, (Ga. L. 1975, p. 3345), so as to change the salary of the judge of the said court; to repeal conflicting laws; and for other purposes. This the 5th day of December, 1977. /a/ 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, on oath, deposes and says that he/she 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 16, 23 and 30, 1977. /s/ James W. Keyton Representative, 143rd District. Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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STATE COURT OF THOMAS COUNTYSOLICITOR'S SALARY. No. 844 (House Bill No. 1372). AN ACT To amend an Act establishing the State Court of Thomas County, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), so as to change the salary of 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 Thomas County, approved August 18, 1905 (Ga. Laws 1905, p. 383), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3345), is hereby amended by striking from subsection (b) of Section 16 the following: six thousand three hundred dollars, and inserting in lieu thereof the following: seven thousand five hundred dollars ($7,500.00), so that subsection (b) of Section 16, when so amended, shall read as follows: (b) The said solicitor shall receive a salary of seven thousand five hundred dollars ($7,500.00) per annum which shall be paid monthly from the treasury of Thomas 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 there will be introduced in the regular 1978

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session of the General Assembly of Georgia a bill entitled: SALARY SOLICITOR OF STATE COURT An Act to amend an Act approved August 18, 1905, which established the City Court of Thomasville, Thomas County, Georgia as amended, so as to provide for an increase in the salary of the solicitor of said court from $4,000.00 per annum to $7,500.00 per annum and to set an effective date of this amendment; to repeal conflicting laws; and for other purposes. This the 5th day of December, 1977. /s/ 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, on oath, deposes and says that he/she 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 16, 23 and 30, 1977. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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THOMAS COUNTYBOARD OF COMMISSIONERS, QUORUM. No. 845 (House Bill No. 1373). AN ACT To amend an Act creating a Board of Commissioners for the County of Thomas, approved December 21, 1898 (Ga. Laws 1898, p. 378), as amended, so as to change the number of commissioners required for a quorum; 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. Laws 1898, p. 378), as amended, is hereby amended by striking the word three in the first sentence of Section V and inserting in lieu thereof the word five, so that the first sentence of Section V, when so amended, shall read as follows: Be it further enacted by the authority aforesaid, that the board of commissioners shall meet at the county site for the transaction of county business, at least once in each month, but may meet in extraordinary session as often as the affairs of the county may require, and at all such meetings five of its members shall constitute a quorum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be introduced in the regular 1978 session of the General Assembly of Georgia a bill entitled: CHANGE OF QUORUM OF COUNTY COMMISSIONERS FROM THREE TO FIVE

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An Act to Amend an Act approved December 21, 1898, which established the Board of Commissioners for Thomas County, as amended, so as to provide for an increase in the number required for a quorum from three commissioners to five commissioners and to set an effective date of this amendment; to repeal conflicting laws; and for other purposes. This the 5th day of December, 1977. /s/ Ronald A. Cohen County Attorney of Thomas County, Georgia 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/she 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 16, 23, and 30, 1977. /s/ James W. Keyton Representative 143rd District Sworn to and subscribed before me, this 18th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TOWN OF AUBURNRECORDER'S COURT, ETC. No. 846 (House Bill No. 1376). AN ACT To amend an Act creating a new charter for the Town of Auburn, approved February 17, 1949 (Ga. Laws 1949, p. 807), as amended, so as to change the name of the court of the town from the recorder's court to the City Court of the Town of Auburn; to change the provisions relating to the appointment of a judge, his qualifications, compensation and powers; to provide for vacancies; to provide for jurisdiction; to provide for a code of ethics for the judge; to provide for records; to provide for appeals; to provide for personnel; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act creating a new charter for the Town of Auburn, approved February 17, 1949 (Ga. Laws 1949, p. 807), as amended, is hereby amended by striking Section 29 in its entirety and substituting in lieu thereof a new Section 29 to read as follows: Section 29. (a) There is hereby established a court to be known as the City Court of the Town of Auburn which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance and to punish, also, any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material to any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the Town of Auburn, including, but not limited to, traffic cases, which under the laws of the State of Georgia are placed within the jurisdiction of the municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding

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officer of such court shall be known as the `judge.' 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, including the right to try, hear and abate nuisances as provided by the laws of this State. The court shall set at a place designated by the council. (b) The judge shall be appointed by the mayor and council. He shall have attained the age of twenty-five (25), have been a resident of Barrow County for at least one (1) year, and have been a member of the State Bar of Georgia and a practicing attorney for not less than one (1) year. (c) The judge shall serve for a four (4) year term. (d) Before entering upon the duties of his office, the judge shall take and subscribe an oath or affirmation before some officer authorized to administer oaths that he will honestly and faithfully discharge the duties of the office. (e) The annual salary of the judge shall be fixed by the council. (f) A judge desiring to remain in office for a succeeding term shall qualify in the office of the clerk of council not more than ninety (90) nor less than thirty (30) days prior to each regular general election. In said election, a question shall be submitted to the electors of the town as to whether the judge so declaring shall be retained in office. A separate question shall be submitted for each judge. If a majority of those voting on such question vote to retain a judge in office, he shall have been elected for a succeeding term of four (4) years. If a majority of those voting on such question vote not to retain a judge in office, a vacancy shall exist upon the expiration of his term and shall be filled as provided in this Section. (g) In the event the judge shall disqualify himself for any reason, it shall be his duty to nominate a judge pro tem or the judge may request the mayor and council to appoint a judge pro tem. (h) The judge shall have power to impose fines, costs and forfeitures for violation of any law or ordinance of the Town of Auburn passed in accordance with this charter in an amount not to exceed five hundred dollars ($500.00) and to imprison offenders for a period

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of not more than six (6) months or at labor on the roads and streets of the public works of said town not more than six (6) months; and the said judge 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 judge shall not have the authority to inflict a greater punishment for contempt and to impose a fine of five hundred dollars ($500.00) or imprisonment not exceeding six (6) months or any combination of the two. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for the offenses committed within the limits of the Town of Auburn, which warrants may be executed by any officer of said town, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court. The city court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against criminal laws of the State when they are committed within the corporate limits. Except as may be herein otherwise specified, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Auburn. The city court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors', judges' and police courts and particularly such laws as to authorize the abatement of nuisances. Said judge is hereby authorized to administer oaths. (i) A judge of the City Court of Auburn shall forfeit his office and it shall be vacant upon final conviction of or the entering of a plea of guilty for a crime involving moral turpitude, a felony or other crime involving malfeasance or misfeasance while in office or for failure at any time to possess any of the qualifications of office as provided by this charter or by law. The unexpired term of office shall be filled as provided in this charter. Whenever a judge of the City Court of Auburn shall be indicted for a crime involving moral turpitude, a felony or other crime involving malfeasance or misfeasance while in office, he shall be automatically suspended from office without pay until final conviction, acquittal or other disposition of the charges against him. Immediately thereafter, unless he has been convicted or pleaded guilty, he shall be reinstated in office and shall receive all compensation withheld during his suspension; otherwise his office shall be vacant.

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(j) Criminal prosecutions in the court may be instituted by summons, written information or accusation specifically setting forth the offense charged. Such information, accusation and summons may be signed by the solicitor or assistant solicitor or any member of the police department for such officers of the town as may be specifically authorized by ordinance. The judges of such court may issue warrants either on their own knowledge or on information given under oath. Except in capital cases, they shall have the same power to fix bonds as judges of the superior courts. (k) All copies of documents and records of the court certified by the clerk under the seal of the court shall be admissible in all proceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the superior courts of the State and the seals of such courts. (l) Except as provided in this charter, none of the personnel of the court shall be employed by, be members of or be under the jurisdiction of the police department. (m) The Code of Judicial Conduct, as adopted by the Georgia Bar Association, shall govern the conduct of the judge. Said code is hereby incorporated and filed in the office of the clerk of the court. (n) The right of appeal to the Superior Court of Barrow County from the city court shall lie in the same manner and in the same procedure as generally prescribed for appeals from the judge of the probate court. An appeal to the superior court shall be a de novo proceeding. (o) In all cases in the City Court of the Town of Auburn, the cost incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing cost in the justice of the peace courts of said State or the council may establish a schedule of fees to defray the cost of operation; and the town shall be entitled to reimbursement of the costs, meals, transportation and caretaking of prisoners bound over to the superior court for violations of State law. The council may also provide a uniform scale of costs of the clerk and police officers of said town for all services in the arrest and prosecution of offenders in the city court and in the issuance and collection of tax and other executions and may provide for the collection and payment into the town treasury. The judge,

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or the town clerk in the judge's name, is hereby authorized to issue subpoenas to compel the attendance of witnesses to said city court and to issue such other processes as may be necessary to the proper administration of said court. (p) The judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the sufficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in total the rules and regulations relative to the procedures for the operation of the superior courts under the general laws of the State of Georgia. (q) The clerk of the court shall retain the original copies of charges or accusations. The judgment of the court shall be shown on the back of said copy of charges, and said copies shall be retained by the clerk of the court as the court's permanent record. The original court copies shall constitute the court docket and serve in lieu of any other records. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an Act creating a new Charter for the Town of Auburn, approved February 17, 1949 (Ga. Laws 1949, p.807), as amended by an Act approved March 5, 1956 (Ga. Laws 1956, p. 3122), and by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3217), and by an Act approved February 3, 1976 (Ga. Laws 1976, p. 254), so as to change the provisions relating to the Recorder's Court, jurisdiction, authority, name and for violation of city ordinances and state statues, to repeal conflicting laws; and for other purposes. This 14th day of December, 1977. Mayor and City Council of Auburn

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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/she is Representative from the 61st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Winder News which is the official organ of Barrow County on the following dates: December 14, 21 and 28, 1977. /s/ Vinson Wall Representative, 61st District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. WALKER COUNTYCORONER'S SALARY. No. 847 (House Bill No. 1377). AN ACT To amend an Act placing the Coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. Laws 1965, p. 2710), so as to change the salary of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Coroner of Walker County upon a monthly salary, approved March 29, 1965 (Ga. Laws 1965, p. 2710),

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is hereby amended by striking from Section 1 of said Act the following: $100.00, and inserting in lieu thereof the following: $300.00, so that when so amended Section 1 shall read as follows: Section 1. The Coroner of Walker County is hereby placed upon a salary of $300.00 per month in lieu of the fee system of compensation formerly allowed said officer. Said salary shall be in lieu of all fees, commissions, emoluments, and perquisites of whatever kind formerly allowed the Coner of Walker County for his services 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. Notice of Intent. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1978 Session of the General Assembly of Georgia a bill to change the compensation of the cornor of Walker County; and for other purposes. December 2, 1977. /s/ Wayne Snow, Jr., Representative, District 1, Post 1.

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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 7, 14, and 21, 1977. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF REIDSVILLENEW CHARTER. No. 848 (House Bill No. 1620). AN ACT To create a new Charter for the City of Reidsville; to provide for corporate boundaries; to specify corporate powers; to provide for construction and exercise of corporate powers; to authorize city ordinances; to provide for a mayor and council; to provide terms and qualifications; to provide for filling of vacancies and forfeiture of office; to provide for compensation and expenses; to prohibit certain actions; to provide for the power and authority of the council; to provide for limitations; to provide for a mayor pro tempore; to provide for organization and administration of the council; to provide for organization and regulation of administrative and service departments; to provide for a city manager, city attorney, city

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clerk, tax collector and city accountant; to provide for personnel and personnel policies; to provide for a municipal court and for judicial matters in general; to provide for elections; to provide for financial and fiscal matters; to provide for bonds; to provide for a city budget; to provide for municipal services and regulatory functions; to repeal specific Acts; 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: ARTICLE I CREATION, INCORPORATION, AND POWERS Section 1.1. Incorporation. This Act shall constitute the whole Charter of the City of Reidsville, Georgia. The City of Reidsville, Georgia, in the County of Tattnall and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the same name and style of Reidsville, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all the courts of law and equity and all actions whatsoever, shall continue to be vested with all of the property and rights of property which now belong to the corporation, may contract and be contracted with, may acquire and hold property, both real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell, or dispose of the same; may have a common seal and alter and renew the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.2. Corporate Boundaries. The boundaries of the City of Reidsville 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 Reidsville at all times shall be shown on a map, a written description or in any combination thereof to be retained permanently in the city office and to be designated, as the case may be: Map and description of the corporate limits of the City of Reidsville, Georgia. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map and description. Such entries or additions shall be made by and under the

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direction of the mayor and council. Photographic, typed, or other copies of such map and 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 and description. The city council may provide for the redrawing of any such map and description. A redrawn map shall supersede for all purposes the earlier map and description which it is designated to replace. Section 1.3. Powers. The corporate powers of the government of the City of Reidsville, to be exercised by the governing authority, may include the following: (1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions, and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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(7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of ninety years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the City; (11) To grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, and through air and water for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and 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;

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(13) To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air-conditioning codes 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; pawnshops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; (18) To license, tax, regulate, or prohibit professional fortune-telling or palmistry; (19) To prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City and to prescribe penalties and punishment for violation of such ordinances; (20) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams

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which flow within the corporate limits of the City: To prevent pollution in any form whether solid, liquid, gaseous or noise; (22) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee, for such services as may be necessary in the operation of the City from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees, and to provide for the manner and method of collecting such service charges; (26) To levy a fee, charge or sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining, and extending of sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) To charge, impose and collect a sewer connection fee or fees, and to 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

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of the City and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement whether on public or private property; (30) To provide for the preservation and protection of property and equipment of the City and the administration and use of same by the public, and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the City and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the City; or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the City and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said City which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the City or to the welfare of the citizens thereof; (34) To regulate and license, or prohibit the keeping or running at large of animals and fowl and to provide for the impoundment of same, if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinance enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the City;

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(36) To regulate and license vehicles operated for hire in the City; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the City; (38) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments; boards, offices, commissions and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (42) To provide penalties for violations of any ordinance 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;

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(45) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the City and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this Charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this Charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.3A. General Powers. In addition to all other powers herein granted, the City shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the City was heretofore authorized to exercise upon the effective date of the Charter. Section 1.3B. Construction. The powers of the City of Reidsville 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 the Charter. It is the intention hereof to grant the City full power and right to exercise all governmental authority necessary for the effective operation and conduct of the City and all of its affairs, both now and in the future. Section 1.3C. Exercise of Powers. All powers, functions, rights, privileges, and immunities of the City, its officers, agencies, or employees shall be carried in the execution as provided by the Charter. If this Charter makes no provision, such powers, functions, rights, privileges, and immunities shall be carried in the execution as provided by ordinances of the governing authority and as provided by pertinent laws of the State of Georgia.

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Section 1.3D. Ordinances. All ordinancies, 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 2.1. Creation; Composition; Number; Election. The legislative authority of the government of the City of Reidsville, except as otherwise specifically provided for in this Charter, shall be vested in a city council to be composed of a mayor and five councilmen, to be held as council Posts 1, 2, 3, 4 and 5. The mayor and councilmen shall be elected in the manner provided by Article V of this Charter. Section 2.2. Terms and Qualification of Office. The members of the council shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless he shall have been a resident of the City for a period of one year immediately prior to the date of the election of mayor or members of the council and shall continue to reside therein during his period of service, and shall be registered and qualified to vote in municipal elections of the City of Reidsville, and unless he shall meet the qualification standards required for members of the Georgia House of Representatives, as are now or may in the future be prescribed by the Georgia Constitution. Section 2.3. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) Vacancies - The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this Charter or the laws of the State of Georgia. (b) Forfeiture of Office - The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude.

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(c) Filling of Vacancies - A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V. Section 2.4. Compensation and Expenses. The mayor shall receive as compensation for his services the amount of one hundred and seventy-five dollars per month. Councilmen shall receive one hundred dollars per month. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office, upon proper proof thereof. Section 2.5. Prohibitions. (a) Holding other office. Except as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which he was elected. (b) Voting when personally interested. Neither the mayor nor any other member of the council shall vote upon any question in which he has or is about to acquire a personal interest. Section 2.6. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the City and the conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as provided for by proper ordinance. Section 2.7. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this Charter, the council shall be vested with all the powers of government of the City of Reidsville, Georgia, as provided for by Article I of this Charter. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and 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 Reidsville and may enforce

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such ordinance or ordinances by imposing penalties for violation thereof. (c) The council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. Section 2.8. Election of Mayor; Term of Office; Vacancy. The mayor shall be elected by a majority vote of the registered voters of the City and his term of office shall be for a period of four years. In the case of a vacancy in the office of mayor, the remaining members of the city council shall elect from their members his successor for the unexpired term. Section 2.9. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the City for the service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits; (d) sign all written contracts entered into by the council on behalf of the City and all other contracts and instruments executed by the City which are by law required to be in writing. Section 2.10. Limitation on Terms of Service. No mayor elected and qualified for two successive terms shall be eligible for the succeeding term of office. Section 2.11. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason, any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 2.12. Organization Meeting. The council shall meet for organization on the first Monday in January of each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newly elected members as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman as the case may be) of the

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City and that I will support and defend the Charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Following the induction of members, the council by majority vote of all the members thereof shall elect one of their number to be mayor pro tem, who shall serve for a term of two years and until his successor is elected and qualified. Section 2.13. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix, and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or three members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence at least twenty-four (24) hours in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting, except by unanimous consent of all members present. With such consent any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public. Section 2.14. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings, which shall be public record. Section 2.15. Quorum; Voting. Four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the Official Minutes, but any member of the council shall have the right to request

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a roll-call vote. The affirmative vote of three councilmen shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this Charter. Section 2.16. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Reidsville hereby ordains.... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council following the meeting of their initial introduction. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor, and to each councilman, and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. Section 2.17. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services, or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least three councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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

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by adoption of a repealing ordinance in the same manner specified in this Section for adoption of emergency ordinances. Section 2.18. Codes of Technical Regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally, except that (1) the requirements of Section 2.18 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 2.19. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for distribution or for purchase at a reasonable price. Section 2.19. Signing, Authenticating, Recording, Codification, Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the City having the force and effect of law. The general codification shall be adopted by the council by ordinance and shall be published promptly, together with all amendments thereto, with this Charter and any amendment thereto, and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Reidsville, Georgia. Copies of the code shall be furnished to all officers, departments, and agencies of the City, and made available for purchase by the public at a reasonable price as fixed by the council. (c) The council shall cause each ordinance and each amendment to this Charter to be printed promptly following its adoption, and the printed ordinances and Charter amendments shall be made available for purchase by the public at a reasonable price to be fixed by the council. Following publication of the first Code of the City of Reidsville, and at all times thereafter, the ordinances and Charter

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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 3.1. Administrative and Service Departments. (a) The council, by ordinance, may establish, abolish, merge, or consolidate offices, positions of employment, departments and agencies of the City, as they shall deem necessary for the proper administration of the affairs and government of the City. The council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the City. (b) The operations and responsibilities of each department now or hereafter established in the City shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such officers, employees, and positions as may be provided by this Charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and council. (c) Except as otherwise provided by this Charter, the directors of departments and other appointed officers of the City shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this Charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the City shall be appointed solely on the basis of their respective administrative and professional qualifications.

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(e) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.2. 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 the Charter or by applicable State law. (b) No member of any board, commission or authority shall hold any elective office in the City. (c) Any vacancy in office of any member of a board, commission, or authority of the City shall be filled for the unexpired term in the manner prescribed herein for original appointment, except as otherwise provided by this Charter or any applicable State law. (d) No member of any board, commission or authority shall assume office until he shall have executed and filed with the clerk of the City an oath obligating himself to faithfully and impartially perform the duties of his office, such oath to be prescribed by ordinance of the council and administered by the mayor. (e) Any member of a board, commission or authority may be removed from office for cause by a vote of three members of the council. (f) Members of boards, commissions and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (h) Except as otherwise provided by this Charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one member as vice-chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the City. Each board, commission, or authority of the city

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government may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the City, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the clerk of the City. Section 3.3. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be established by ordinance of the council, and in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.4. City Attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance or required, and shall provide for the payment of such attorney or attorneys for services rendered to the City. The city attorney shall be responsible for representing and defending the City in all litigation in which the City is a party; may be the prosecuting officer in the 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 3.5. City Clerk. The 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 law or as the council may direct. Section 3.6. Tax Collector. The council may appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the City subject to the provisions of this Charter and the ordinances of the City, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. Section 3.7. City Accountant. The council may appoint a city accountant to perform the duties of an accountant for the City. Section 3.8. Consolidation Functions. The council may consolidate any two or more positions of city clerk, city tax collector, and city accountant, or any other positions or may assign the function of

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any accountant, or any other positions or may assign the function of any one or more of such positions to the holder or holders of any other positions. The city manager may also, in the event a city manager has been selected with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of appointing other persons to perform the same. Section 3.9. Position Classification and Pay Plans. The mayor and council shall be responsible for the preparation of a position classification and pay plan for the employees of the City of Reidsville which shall be submitted to the Council for approval. Said plans may apply to all employees of the City of Reidsville and of any of its agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.10. Personnel Policies. The council shall adopt rules and regulations consistent with this Charter concerning: (1) The method of employee selection and probationary periods of employment; and (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees with the classification plan; (3) hours of work, vacation, sick leave, and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Reidsville. In addition, the mayor shall be the chief executive officer of said City. He shall supervise and enforce the personnel policies of the City. With the advice and consent of the council, the mayor shall be responsible for the employment of city personnel and, when warranted, for their discharge. All city employees under the jurisdiction of the mayor and council shall be directly and immediately subject to the mayor.

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ARTICLE IV JUDICIAL BRANCH Section 4.1. Creation. There is hereby established a court to be known as the Municipal Court of the City of Reidsville, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said City and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the City constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the council may be designated to preside with the same powers and duties as the judge when so acting. Section 4.2. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the council and shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (b) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. (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.

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Section 4.3. Convening. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.4. Jurisdiction; Powers. (a) The municipal court shall try and punish for crimes against the City of Reidsville, Georgia, and for violation of its ordinances. The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $ 100.00 or ten days in jail. The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $ 1,000.00 or imprisonment for three hundred and sixty-five days or both, and as an alternative to fine or imprisonment, to sentence any offender upon conviction to labor in a work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety days. (b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to the 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 Reidsville, Georgia, or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated.

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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 Reidsville, Georgia, granted by State laws generally to mayors, recorders, and police courts, and particularly by such laws as authorize the abatement of nuisances. Section 4.5. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Tattnall County from the mayor's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the Probate Court. Provided that any person who fails to file his appeal within ten 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 4.6. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the council may adopt in part or into the rules and regulations relative to the procedure of the operation of the Superior Court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.1. Regular Election; Time for Holding. On the 1st Tuesday in December, biennially, and as more particularly set forth in this Article, there shall be an election for the office of three councilmen

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and, biennially, the office of mayor and two councilmen. Councilmen shall hold office according to post number, being councilmen post numbers one through five. On the first Tuesday in December, 1979, there shall be an election for councilmen posts one, two, and three for a term of office of two years. On the first Tuesday in December, in 1979, and thereafter every four years, there shall be an election for councilmen, posts four and five and the mayor for the term of four years. On the first Tuesday in December, 1981, there shall be an election for councilmen, posts one, two, and three for a term of four years. Thereafter, there shall be an election in the City of Reidsville, Georgia, every two years; the one election will be for councilmen, posts one, two and three and the election following two years thereafter shall be for councilmen, posts four and five and the Mayor, so that all councilmen and the Mayor shall not be elected at the same time but shall serve four-year terms, being elected on a rotating, biennial basis. The terms of office of members of the council and the mayor shall begin at the day and hour of taking of oath of office as provided in Article II, Section 2.12 of this Charter. Section 5.2. Qualifying; Nomination of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, and such other rules and regulations as may be necessary for the conduct of election in the City of Reidsville. Furthermore, candidates qualifying for the position of councilmen shall qualify according to posts number one, two, three, four, or five, whichever the case may be according to the expiring terms of office of councilmen holding said post positions. Post positions are designated by number only and shall be elected by the registered voters of the City of Reidsville without regard to any district, ward, or any other geographical territorial designation. The purpose of this Charter in specifying post numbers for councilmen positions is to provide an orderly process whereby three councilmen are elected for four-year terms at a different time than the other two councilmen and the mayor so as to insure that at all times some members of the mayor and council will be familiar with the conduct of city government. Section 5.3. Applicability of General Laws. The procedures and requirements for elections of all elected officials of the City of Reidsville as to primary, special or general elections shall be in conformity

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with the provisions of the Georgia Municipal Election Code, approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 5.4. Special Elections; Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within twelve months of the expiration of the term of office of the mayor or any councilman, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of this Charter and the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.5. Grounds for Removal. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this Charter or law; (d) wilful violation of any express prohibition of this Charter; (e) abandonment of office or neglect to perform the duties thereof; or (f) failure for any other cause to perform the duties of office as required by this Charter or by law. Section 5.6. Procedure for Removal. Removal of an elected officer from office may be accomplished by one of the following methods: (a) By action of two-thirds' vote of the entire membership of the council. In the event an elected officer is sought to be removed

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by the action of the council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the council to the Superior Court of Tattnall County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court. (b) By information filed in the Superior Court of Tattnall County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.1. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1, in each year, shall be subject to the property tax levied by the City of Reidsville, Georgia. The council by ordinance shall elect to use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.2. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the City for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services, and for any other public purpose as determined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Reidsville, Georgia, is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104, inclusive. Section 6.3. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the City shall fall due and in what length of time said taxes may be paid 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 parior to the time when due.

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Section 6.4. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or tax collector as provided by council 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 wityh those of Federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this Charter on delinquent taxes, fees, assessments or on other amounts due to the City. Section 6.5. Licenses, Occupational Taxes, Excise Taxes. The council by ordinance shall have full power to levy such license and specific or occupation taxes upon the residents of the City of Reidsville, both individual and corporate, and on all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the City; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution as in the same manner for delinquent taxes 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 6.6. Sewer Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Reidsville to provide for the cost of sewage through the sewerage facilities of said City. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes and shall be enforceable in the same manner and under the same remedies as liens for city property taxes.

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Section 6.7. Sanitary and Health Services Charge. The council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services necessary in the operation of the City from all individuals, firms and corporations, residing in or doing business in said City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.8. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and apurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided for in this Article for city property taxes. Section 6.9. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all rights, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the City, the owner of such property, in fee simple or

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lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. Section 6.10. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.12. Short-term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. 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 6.14. Submission of Operating Budget to City Council. On or before a date fixed by the council but not later than thirty days prior to the beginning of each fiscal year, the ( mayor ) shall submit to the council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the ( mayor ) containing a statement of the general fiscal policies of the City, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection.

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Section 6.15. Action by Council on Budget. (a) The council may amend the operating budget proposed by the ( mayor ) except that the budget as finally amended and adopted must provide for all expenditure required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated fund balance, reserves and revenues, constituting the fund availability of such fund. (b) The council shall adopt the final operating budget for the ensuing fiscal year not later than the 1st day of January of each year. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriation ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.16. Property Tax Levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all real and personal property within the City of Reidsville, Georgia. The tax rate set by such ordinance shall be such that reasonable estimates or 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 Reidsville, Georgia. Section 6.17. Additional Appropriations. The Council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only

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from an existing unappropriated surplus in the fund to which it applies. Section 6.18. Capital Improvements Budget. (a) On or before the date fixed by city council but not later than thirty days prior to the beginning of each fiscal year, the ( mayor ) shall submit to the council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The council shall have power to accept with or without amendments, or reject the proposed program and proposed means of financing. The council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when passed by two-thirds' vote of the membership of the council. (b) The council shall adopt the final capital improvements budget for the ensuing fiscal year not later than the 1st day of the first month of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided the (mayor) may submit amendments to the capital improvements budget shall become effective only upon adoption by a vote of the council. Section 6.19. 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 6.20. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Reidsville, Georgia. (b) The council may sell and convey any real or personal property owned or held by the City of Reidsville, Georgia, 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.

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(c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the ( mayor ) and adoption of a resolution, both finding that the property is not needed for public or other purposes and that the interest of the City has no readily ascertainable monetary value. (d) Whenever in opening, extending or widening any street, avenue, alley or public place of the City, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the City, the council may authorize the ( mayor ) to execute and deliver in the name of the City a deed conveying said cut-off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.1. Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon, and otherwise to exercise complete control over the streets, alleys, squares and sidewalks of the City of Reidsville, Georgia. The council shall provide for the removal of any and all obstacles and nuisances in regard to the streets, alleys or sidewalks or other public places within the City and shall adopt appropriate ordinances to accomplish this purpose. Section 7.2. Municipal Utilities. The council shall have the power and authority to acquire, own, hold, build, maintain and operate a system of waterworks, electric lights, sewerage, and gas distribution; to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Reidsville, Georgia.

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Section 7.3. Sewers and Drains. The council shall have the power and authority to provide for the establishment, extension, and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes the City is granted the power of eminent domain both within and without its corporate limits. The council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said City and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection. Section 7.4. Right-of-Way. The City of Reidsville shall have the right, easement and franchise of laying the necessary mains, pipes, conduits and drains, for waterworks and sewerage system purposes along the highways in the County of Tattnall without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed, from which the water supply is taken, from contamination and to protect said waterworks and sewerage system, including the mains, pipes, and conduits whether the same be situated within or without the corporate limits of said City. Section 7.5. Eminent Domain. The council is hereby empowered to acquire, construct, build, operate and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, penal and medical 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 7.6. Power to Regulate and License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose

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of personal gain or profit of whatever nature, engaged in or carried on within the limits of the City of Reidsville, regardless whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms, and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the City and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the City. This authority extends over individuals, partnerships, associations, corporations, and their agents, and any other legal entity capable of transacting business. Section 7.7. Franchises. The council shall have authority to exercise control over the use of streets of the City of Reidsville. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys, for the purpose of railroads, street railways, telephone companies, electric companies, gas companies, and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted for a period in excess of ninety-nine (99) years and no franchise shall be granted unless the City receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the city clerk in the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.8. Building, Housing, Electrical, and Plumbing Regulations. The council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas, heating and air,

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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 REPEALER Section 8.1. Specific Repealer. (a) An Act to incorporate the City of Reidsville, in the County of Tattnall, State of Georgia, approved August 22, 1905 (Ga. Laws 1905, p. 1083), as amended by an Act approved July 27, 1925 (Ga. Laws 1925, p. 1385), is hereby repealed in its entirety. (b) An Act to incorporate the City of Reidsville, approved March 27, 1947 (Ga. Laws 1947, p. 1021) is hereby repealed in its entirety. (c) An Act incorporating the City of Reidsville, approved February 19, 1951 (Ga. Laws 1951, p. 2592), is hereby repealed in its entirety. Section 8.2. General Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. PUBLIC NOTICE. STATE OF GEORGIA CITY OF REIDSVILLE Notice is hereby given that the Mayor and Council for the City of Reidsville, Georgia, after careful consideration and after first and second readings, have adopted a new proposed Charter for the City of Reidsville. Said Charter shall be submitted to the 1978 General Assembly for the State of Georgia for passage into law. A copy of the proposed Charter is on file at the City Office and all those of interest may examine it there. /s/ M. Francis Stubbs City Attorney

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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/she 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 5, 1978, January 12, 1978 and January 19, 1978. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. TOWN OF RINCONNEW CHARTER. No. 849 (House Bill No. 1622). AN ACT To reincorporate the Town of Rincon; to provide for corporate limits and corporate powers; to provide for ordinances; to provide for the establishment of Town government; to provide for the qualifications and election of the mayor and councilpersons; to provide for meetings of the mayor and council; to provide for the powers

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and duties of the mayor with respect to the council; to provide for a mayor and mayor pro tem; to provide for filling vacancies in the office of mayor or councilperson; to provide for compensation and expenses of the mayor and councilpersons; to provide for the removal from office for misfeasance or malfeasance; to provide for bond of clerk; to provide for Town legislation; to provide for the reading and codification of ordinances; to provide for the organization of the Town government; to provide for the duties of the mayor and council; to provide for a Town manager; to provide for the appointment, compensation, powers, duties and responsibilities of the Town manager; to prohibit political activity by officers and employees; to provide for the Town planning commission; to provide for a fiscal year; to require the Town manager to submit an annual budget; to provide for action by the mayor and council on the budget; to provide for additional appropriations; to provide for the lapse of appropriations; to provide for a capital improvements budget; to provide for the sale of Town property; to provide for an annual audit; to provide for the publication of the Town financial statement; to provide for property taxes; to provide for the tax levy; to provide for tax bills; to provide for the collection of delinquent taxes; to provide for the transfer of executions; to provide for special assessments against abutting property owners; to provide for the time for the holding of elections; to provide for the qualifications of candidates and electors; to provide for the applicability of general laws relating to elections; to provide for the time and place of elections; to provide for voter registration; to authorize the mayor and council to enact rules by ordinances relating to elections; to provide for absentee ballots; to provide for calling elections; to provide for the organization of the mayor and council; to create a recorder's court; to provide for a recorder; to provide for the appointment, qualifications, compensation, powers and duties of the recorder; to provide for the jurisdiction of said court; to provide for the right of appeal; to provide for court costs; to provide for rules for said court; to provide for severability; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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ARTICLE I REINCORPORATION, CORPORATE LIMITS AND CORPORATE POWERS Section 1-1. Reincorporation. This Act shall constitute the whole charter of the Town of Rincon, Georgia, repealing and replacing all previous charters and amendments prior to the date of enactment of this charter. The Town of Rincon, Georgia, in the County of Effingham and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the Town of Rincon, and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure. Section 1-2. Corporate Limits. The corporate limits of the Town of Rincon shall include all the area embraced with the following described tracts of land: All territory within a radius of one and 1/4 miles from the center of the Town Hall, standing in said Town of Rincon, Georgia. Section 1-3. Corporate Powers. The corporate powers of the Town, 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 Town, 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, professions, callings or trades exercised within the Town as may be deemed just and proper, and by ordinance to classify said businesses; to fix license fees on all privileges, occupations, trades and professions within the police powers of the Town. (2) To provide by ordinance for the return or assessment, or both, of all real or personal property for taxation, at the value provided

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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 the 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 Town shall have jurisdiction of all nuisance abatement proceedings in the Town. The Town 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 Town, 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 Town 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. (7) To regulate and control all hotels and public houses within the Town. (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.

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(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 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 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 Town 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, which shall be issued 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 held for taxes. (13) To construct or extend sewers in any of the streets or alleys of said Town 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.

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(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 Town 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 Town. (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 Town. (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, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the corporate boundaries of the Town; 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 Town 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 the Town property taxes.

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(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 waterworks system, sewerage system, a natural gas system, an electrical power system and a community antenna television system, both inside and outside the corporate limits, subject to Chapter 91-9 of the Code of Georgia. For water, gas, and electricity furnished and for all sewerage and sanitary service rendered, said Town 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 Town property taxes. The Town may provide by ordinance for the punishment of those who illegally use said systems. The Town 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 Town and to do and to 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 Town, for the purposes of acquiring, owning and equipping or operating said plants. (23) To designate a depository or depositories for all Town funds, and to require indemnity bond from such depository or depositories in the sum fixed by the mayor and council. (24) To appropriate and borrow money, to provide for payment of the debts of the Town, 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 Town 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

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to do so when authorized by a majority of the qualified voters of the Town 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 Town. (26) To grant franchises or make contracts for public utilities and public services, not to exceed twenty-five years, but not limited to those stated in paragraph (21) above. 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. (28) To levy taxes and to make appropriations for the purpose of advertising said Town and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the Town and also to levy taxes and to make payment from the general revenues and funds of the Town 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 Town, with premiums payable by the Town, 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.

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(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 Town as provided by ordinance; or the mayor and council may provide for the commitment of Town 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 Town. (34) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the Town and its inhabitants; and 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. (35) To provide for the general health, sanitation, cleanliness, welfare, safety of the inhabitants of the Town of Rincon, to insure having an adequate and pure water supply, to insure the protection of the Town's environmental interest in the maintenance and purity of the Ocala Aquifer, the Town of Rincon shall have the corporate power to own and operate a municipal water system, to operate a municipal sewage system, to prescribe regulations concerning the construction and operations of private wells, private water systems and private sewage systems to the extent as reasonably necessary to insure the execution of the aforestated objectives. Section 1-4. Ordinances. All ordinances, bylaws, rules and regulations, now in force in said Town, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the mayor and council of said Town.

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ARTICLE II MAYOR AND COUNCIL Section 2-1. Establishment of Town Government. The legislative powers of the Town of Rincon shall be vested in a mayor and six councilpersons to be known as the Mayor and Council of the Town of Rincon. The mayor and council shall be elected at large by the qualified voters of the Town 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 Town of Rincon. Section 2-2. Qualifications for Mayor and Councilpersons. To be eligible for the office of mayor or councilperson elected or appointed, a person must be at least eighteen years of age, must meet the requirements of a qualified voter of said Town, as prescribed by State law and must have been a bona fide resident of the Town of Rincon for at least one year in the case of a councilperson and two years in the case of the mayor next preceding the election in which he offers as a candidate. No person shall be eligible as mayor or councilperson who shall have been convicted of a crime involving moral turpitude unless such person has received a full pardon and has all rights of citizenship restored. Section 2-3. Election of Mayor and Councilpersons. Those persons in office on the effective date of this Act shall continue to serve until their successors are duly elected and qualified as provided by law. On the second Thursday in December, 1978, an election shall be held for those three councilpersons who at said date are serving as Councilperson, Post No. 2, Councilperson, Post No. 4, and Councilperson, Post No. 6, All three of the councilpersons elected therein shall serve for a term of two years. On the second Thursday in December, 1979, an election shall be held for those three councilpersons who, at said date are serving as Councilperson, Post No. 1, Councilperson, Post No. 3, Councilperson, Post No. 5, and for mayor. The mayor and all three of the councilpersons elected therein shall serve for a term of two years.

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On the second Thursday in December, 1980, and on said date annually thereafter, an election shall be held for those three councilpersons whose terms shall expire during the following year, and for the mayor whenever his term shall expire during the following year. The terms of office for mayor and councilpersons shall begin on the first Monday in January in the year following their respective election. Except as otherwise provided herein, said terms shall continue for two years and until their successors are elected and qualified. The candidate receiving a majority of the votes cast for each respective position shall be elected to the Town Council to fill that particular vacancy on the council. Section 2-4. Meeting of the Mayor and Council. (1) Except as otherwise provided in this Act, all corporate, legislative and other powers of the Town 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) two councilpersons and notice of which shall be served on the other members personally or left at their residence at least twelve hours in advance of the meeting. Alternatively, or in addition thereto, notice of a special session may be given by telephoning the other members. If this method is used, the first order of business in the special session shall be to enter upon the minutes of the meeting an oath, or an affidavit by the mayor, or the mayor pro tem or two councilpersons calling the special session, attested to by the Town Clerk or by another member of the council, any person authorized to administer oaths. Said oath or affidavit must contain a statement that each councilperson 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

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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 Town arising from action by the mayor and council pursuant to a special session in which telephone notice is given, and in which the person calling the meeting is found guilty of false swearing shall result in several liability for the persons so convicted. Such notice of a special meeting shall not be required and shall be considered waived if the mayor and all councilpersons 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) Four of the six councilpersons shall constitute a quorum; ordinances and resolutions shall be adopted by majority vote. The mayor and council may, by ordinance, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent members. The mayor and council may provide by ordinance for punishment for contemptuous behavior conducted in their presence. Section 2-5. Powers and Duties of Mayor With Respect to Council. The mayor shall recommend such measures as he may deem necessary or expedient for the welfare of the Town; 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 councilpersons; shall sign ordinances and resolutions on their final passage; may obtain short-term loans in the name of the Town when authorized by the council to do so; shall sign deeds, bonds and contracts when authorized by the council to do so; and shall perform such other duties imposed by this Act and duly adopted ordinances. Section 2-6. Mayor Pro Tem. The mayor and council on the second Monday in January of each year, and after the newly elected councilpersons 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 failure to elect a mayor pro tem by the fourth Monday in January of each year, the incumbent councilperson who received the highest number of votes, when last

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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 Councilperson. A vacancy shall exist if the mayor or a councilperson resigns, dies, moves his residence from the Town, 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 Town to fill any such vacancy in the office of councilperson for the remainder of the unexpired term. The person receiving the majority of the votes of said council shall be declared elected, and the mayor shall vote in case of a tie. At no time shall there be more than two appointed councilpersons holding office; and if a vacancy occurs on the council with two members 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 existing vacancy shall be filled for the remainder of the unexpired terms in a special election; provided, however, if a regular election for the Town shall be held within three (3) months after the third vacancy occurs, the two vacancies previously filled by appointment and the third 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 of 1933, 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.

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Section 2-8. Compensation and Expenses. The mayor shall receive $25.00 per meeting, and each councilperson shall receive $20.00 per meeting as compensation for their services as such. Each councilperson 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 Town of Rincon. Section 2-9. Misfeasance or Malfeasance in Office. In case the mayor or any councilperson while in office, shall be guilty of misfeasance, malfeasance, willful neglect, or abuse of the powers confided in him, he shall be subject to indictment in the Superior Court of Effingham 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 Town treasurer for the use of the Town. 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 Town of Rincon 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 Town. The mayor and council may require such bonds from any other officers and employees thereof. Section 2-11. Town 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 Town 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 Town 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 Town clerk.

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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. 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 TOWN ADMINISTRATION Section 3-1. Organization. The Town government shall continue as presently organized on the effective date of this Act unless and until otherwise provided by ordinance. The mayor and council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments, commissions, boards and agencies of the Town; 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, departures and agencies of the Town. 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 and council shall appoint a Town attorney and members of boards and commissions and shall determine their duties and compensation. The Town attorney shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and council. Section 3-3. Town Manager. (a) The mayor and council of Rincon may, as they deem it necessary, select and appoint a Town manager, who shall receive such compensation as may be prescribed by the mayor and council. The Town manager must devote all of his working time and attention to the affairs of the Town and shall be responsible to the mayor and council for the efficient administration of all of the affairs of the Town over which he has jurisdiction.

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(b) At such time as a Town manager is selected, the said Town manager shall be the chief administrative officer and the head of the administrative branch of the Town government. The Town manager shall be chosen by the mayor and council solely on the basis of his executive and administrative qualifications with special reference to his actual experience in, or his knowledge of, accepted practice in respect to the duties of his office as hereinafter outlined. At the time of his appointment, he need not be a resident of the Town or State, but during his tenure of office he shall reside within the Town. No person elected mayor or to membership on the council shall, subsequent to such election, be eligible for appointment as Town manager until one year has elapsed following the expiration of the mayoral or councilmanic term for which he was elected. (c) The Town manager shall be appointed for an indefinite term but may be removed by a majority vote of the mayor and council. At least thirty (30) days before such removal shall become effective, the mayor and council shall, by a majority vote, adopt a preliminary resolution stating the reasons for his removal. Within ten days, the manager may reply in writing and may request a public hearing, which shall be held not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if one be requested, and after full consideration, the mayor and council may terminate his duties, but shall in any case, cause to be paid to him, forthwith, any unpaid balance of his salary for the next two (2) calendar months following adoption of the preliminary resolution. (d) The mayor and council may designate a person or persons to perform the functions and duties of the Town manager during his absence, disability or suspension. Vacancies in the office of Town manager shall be filled by the mayor and council as early as practicable, and, until such vacancy is filled, the mayor and council shall have full powers to make a temporary appointment or to perform the functions and duties of his office. (e) The Town manager shall have the following powers and duties: (1) It shall be the duty of the Town manager to supervise the administration of the affairs of the Town and to see that the ordinances, resolutions and regulations of the Town council and the laws of the State are faithfully executed and enforced.

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(2) The Town manager shall have the power to appoint and remove a Town clerk, department heads and all other employees of the Town, except the Town attorneys and members of the boards and commissions, who shall be appointed by the mayor and council. In removing employees, the Town manager shall have authority to do so without the consent of the mayor and council. Except for the purpose of inquiry, the mayor and council and its members shall deal with such employees solely through the manager, and neither the mayor and council nor any member thereof shall give orders to any subordinate of the Town manager either publicly or privately. (3) To exercise supervision and control of all departments and all divisions created in this Act, or that may hereafter be created by the mayor and council, except as otherwise provided in this Act. (4) To attend all meetings of the mayor and council with a right to take part in the discussions, but having no vote. The Town manager shall be entitled to notice of all special meetings. (5) To recommend to the mayor and council for adoption such measures as he may deem necessary or expedient. (6) To supervise the performance of all contracts made by any person for work done for the Town of Rincon, and to be the purchasing agent of materials and supplies for the Town under such rules and regulations as may be imposed by the mayor and council. (7) To act as budget officer and submit to the mayor and council thirty days before the beginning of each fiscal year, budgets provided for in Article IV hereof. (8) To keep the mayor and council fully advised, at all times, as to the financial condition and needs of the Town. (9) To make a full written report to the mayor and council each month showing the operations and expenditures of each department of the Town government for the preceding month.

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(10) To fix all salaries and compensation of Town employees lawfully employed by him, subject to the approval of the mayor and council. (11) To perform such other duties as may be prescribed by this Act, or required by ordinance or resolution of the mayor and council. (12) The Town manager, before entering upon the discharge of his duties, shall execute a bond with solvent sureties doing business in Effingham County in an amount to be approved by the mayor and council but not less than $10,000.00, payable to the Town of Rincon, conditioned for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations, or unlawful expenditures. The premium on said surety bond shall be paid for by the Town. Section 3-4. Political Activity Prohibited. No officer or employee of the Town other than the mayor and councilpersons shall continue in the employment of the Town after becoming a candidate for nomination or election to any Town office. Section 3-5. Town 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 Town 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 Town 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 Town government, unless otherwise prohibited by law. Section 4-2. Town Manager to Submit Annual Budget. Not later than thirty (30) days prior to the beginning of each fiscal year, the mayor or the Town manager, as the case may be, shall submit to the

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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 budget, with such modifications as the mayor and council considers necessary or desirable. Appropriations need not be in more detail than a lump sum for each department, office, and agency unless otherwise directed by the mayor and council. The mayor and council shall not make any appropriations in excess of estimated revenue, except to provide for an actual emergency threatening the health, property, or lives, safety or general welfare of the inhabitants of the Town, 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.

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Section 4-5. Lapse of Appropriations. All encumbered 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. (a) Not later than thirty (30) days prior to the beginning of each fiscal year, the mayor or Town manager, as the case may be, 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 five (5) councilpersons. Such capital improvements budget may be revised and extended each year with regard to the capital improvements still pending or in the process of construction or acquisition. (b) Before the beginning of the ensuing fiscal year, the council shall adopt an 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 or the Town manager 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 Town Property. Except as otherwise provided herein, the mayor and council may sell any town property which is obsolete, surplus, or unusable at public or private sale, with or without advertisement and for such consideration as the mayor and council shall deem equitable and just to the Town. Section 4-8. Annual Audit. The mayor and council may employ a certified public accountant to make an annual audit of all financial books and records of the Town. The accountant shall file his

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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 councilperson. 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 the general financial condition of the Town, 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 Town assessment as provided by law or may elect to use the county assessment for the year in which Town taxes are to be levied as provided by Georgia law. If an independent Town assessment is made, a board of equalization, consisting of three freeholders of the Town appointed by the mayor and council, with compensation fixed by ordinance, shall hear appeals of taxpayers taken within ten days after the Town clerk has sent a notice, by ordinary mail, or a new or increased assessment, provided that such notice shall not be required, nor may appeals be taken, in the case of initial Town assessments that are the same as county assessments. Except as otherwise provided in this Section, appeals involving Town 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 have the power to levy and collect a tax not to exceed one-half of one percentum on all property, both real and personal, within the corporate limits of said Town. Section 4-12. Tax Bills. (a) The Town 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

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November 1 of each year. Said time may be changed by ordinance, at which time a penalty of ten percent (10%) in addition to a fi. fa. charge shall be added and thereafter such taxes shall be subject to interest at the rate of seven percent (7%) per annum, from the due date until paid. On and after the date when such taxes become delinquent, the tax records of the Town shall have the force and effect of a judgment of a court of record. (b) Said Town 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 Town 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 Clerk of the Town of Rincon 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 Town 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.

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Section 4-15. Special Assessments. The mayor and council may assess all or part of the cost of constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances, against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty days after their due dates, and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent (10%) and shall thereafter be subject to interest at the rate of 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 Town property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this Article for Town property taxes. ARTICLE V ELECTIONS Section 5-1. Time for Holding Elections. The regular elections for mayor and councilpersons shall be held on the second Thursday in December of each year. Section 5-2. Qualification of Candidates. Any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) days nor more than forty-five (45) days, as provided by ordinance, prior to the date fixed for the holding of any such election. Written notice of candidacy for any special election shall be filed with said superintendent not less than ten (10) days 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 Town election held under this Act. Section 5-4. Applicability of General Laws. Except as otherwise provided by this Act, the election of all officials of the Town of

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Rincon where provision is made for election by the qualified voters thereof, shall be conducted as to special or general elections in conformity, so far as applicable, with the provisions of the Georgia Municipal Election Code, in Title 34A of the Code of Georgia of 1933 as it now exists or may hereafter be amended. Whenever any time period established by said Code is altered so as to change or supersede any time period provided herein, it shall be considered that said periods herein shall be correspondingly changed so as to avoid any conflict between this Act and the general law. 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 Town of Rincon, 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 Town 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 be made by the mayor and council, except as otherwise provided herein. Section 5-11. Organization. The persons elected as mayor and councilpersons shall attend on the first Monday in January at the council chamber for the purpose of qualifying and taking the oath of office. The mayor and each councilperson so elected shall take

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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 councilperson, as the case may be), by adopting such measures as in my judgment shall be best calculated to promote the general welfare of the inhabitants of the Town of Rincon 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, Town of Rincon, which shall have jurisdiction and authority to try offenses against laws and ordinances of said Town and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the Court; to try all offenses within the territorial limits of the Town of Rincon constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the condition of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said Court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the mayor and council. Section 6-2. Recorder. (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 18 years, shall not have been convicted of a crime involving moral turpitude and shall be qualified to vote in Effingham County. Until such time that the mayor and council shall appoint a recorder the mayor, or in his absence the mayor pro tem, shall act as recorder.

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The compensation of the recorder shall be fixed by the mayor and council. (b) 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. (c) Before entering on duties of his office, the recorder or recorder pro tem shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality. This oath shall be entered upon the minutes of the meeting of the mayor and council. Section 6-3. Jurisdiction. The recorder shall have power to impose fines, costs and forfeitures for the violation of any law or ordinance of the Town of Rincon 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 Town of Rincon which warrants may be executed by an officer of said Town, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said Town. 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 Effingham 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. An appeal to the Superior Court shall be a de novo proceeding, and the Town shall be entitled to the reimbursement of its costs therefor.

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Section 6-5. Court Costs . In all cases in the recorder's court of the Town of Rincon, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the mayor and council may establish a schedule of fees to defray costs of operation and the Town shall be entitled to reimbursement of the costs, meals, transportation and caretaking of prisoners bound over to the Superior Court for violations of State law. The mayor and council may also provide a uniform scale of costs of the clerk and police officers of said Town for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the Town 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 and proper to secure the efficient and successful administration of the business of said court; provided, however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia 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 SEVERABILITY Section 7-1. 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 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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ARTICLE VIII REPEALERS Section 8-1. Specific Repealer . An Act creating a charter for the Town of Rincon, approved April 3, 1927 (Ga. Laws 1927, p. 1497), as amended by an Act approved March 7, 1955 (Ga. Laws 1955, p. 3140), an Act approved February 27, 1956 (Ga. Laws 1956, p. 2591), an Act approved March 5, 1957 (Ga. Laws 1957, p. 2349), an Act approved April 5, 1961 (Ga. Laws 1961, p. 3238), an Act approved February 24, 1969 (Ga. Laws 1969, p. 2042) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3324), is hereby repealed in its entirety. Section 8-2. General Repealer . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. There will be introduced at the 1978 Session of the General Assembly of Georgia an Act for the purpose of adopting a new charter for the Town of Rincon and for such other purposes as required by law. This the first day of January, 1978. /s/ Bryon C. Glisson, Mayor City of Rincon 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/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Springfield Herald which is the official organ of Effingham County, on the following dates: January 5, 12 and 19, 1978. /s/ George Chance Representative, 129th District

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Sworn to and subscribed before me, this 25th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal) Approved March 13, 1978. CITY OF DOUGLASVILLEELECTIONS. No. 850 (House Bill No. 1890). AN ACT To amend an Act creating a new charter for the City of Douglasville, approved March 9, 1972 (Ga. Laws 1972, p. 2119), as amended, so as to change the number of votes needed to elect certain councilmen; to change by whom certain councilmen may be elected; 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 Douglasville, approved March 9, 1972 (Ga. Laws 1972, p. 2119), as amended, is hereby amended by striking the last sentence from subsection (b) of Section 2.03, relating to the election of mayor and councilmen, the following: A person seeking election as a councilman of a ward or as a councilman at large must designate which post he seeks and the candidate for each designated position that receives the majority of the votes cast for that ward or for that post shall be elected., and inserting in lieu thereof the following:

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A person seeking election as a councilman of a ward or as a councilman at large must designate which post he seeks and the candidate for each designated position that receives a plurality of the votes cast for that ward or for that post shall be elected. The candidate for mayor that receives a majority of the votes cast in that election shall be elected. Section 2. Said Act is further amended by striking subsection (c) of Section 2.03, relating to election of mayor and councilmen, which reads as follows: (c) The mayor and councilmen of the City of Douglasville shall be elected by vote of the entire city., and inserting in lieu thereof the following: (c) The mayor and councilmen at large of the City of Douglasville shall be elected by a vote of the entire city. Ward councilmen shall be elected by a vote of the electors residing within the boundaries of the ward from which a ward councilman is to be elected. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act to create a new charter for the City of Douglasville, approved March 9, 1972 (Ga. Laws 1972, p. 2119), as amended, so as to change certain provisions relating to elections and election districts; to provide other changes; to provide for all other matters relative to the foregoing; and for other purposes. This 17th day of December, 1978. /s/ Thomas M. Kilgore Representative, 65th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas Kilgore, who, on oath,

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deposes and says that he is Representative from the 65th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Douglas County Sentinel which is the official organ of Douglas County, on the following dates: December 22, 29, 1977 and January 1, 1978. /s/ Thomas M. Kilgore Representative, 65th District Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978. ELBERT COUNTYSMALL CLAIMS COURT, COSTS. No. 851 (House Bill No. 1893). AN ACT To amend an Act creating a Small Claims Court for Elbert County, approved March 4, 1977 (Ga. Laws 1977, p. 2940), so as to change the provisions relating to cost of service; to change the provisions relating to 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 Elbert County, approved March 4, 1977 (Ga. Laws 1977, p. 2940), is hereby amended by striking from subsection (d) of Section 6 the following:

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$5.00, and inserting in lieu thereof the following: $10.00, so that when so amended, subsection (d) shall read as follows: (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. Section 2. Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $15.00 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 $15.00. 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 case 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 $15.00 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. (c) The amount of $2.50 of each fee or cost provided in subsections (a) and (b) above shall be placed in a fund to be used solely for

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the upkeep and replacement of the facilities, equipment and materials of the court as such are outlined in Section 19. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court for Elbert County, approved March 4, 1977 (Ga. Laws 1977, p. 2940); and for other purposes. This 12th day of January, 1978. /s/ Charles C. Mann State Representative, Dist. 13 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann, 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 Elberton Star which is the official organ of Elbert County, on the following dates: January 13, 20, and 27, 1978. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978.

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COMPENSATION OF CORONERS IN CERTAIN COUNTIES (7,300-7,350). No. 852 (House Bill No. 1895). AN ACT To change the compensation of coroners in all counties of this State having a population of not less than 7,300 and not more than 7,350, according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 7,300 and not more than 7,350, 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 $37.50. Section 2. This Act shall become effective on the first 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 13, 1978.

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CIVIL COURT OF RICHMOND COUNTYJUDGES, MARSHAL. No. 853 (House Bill No. 1910). AN ACT To amend an Act creating the Civil Court of Richmond County, Georgia, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 31, 1971 (Ga. Laws 1971, p. 2745), so as to change the name of the Sheriff of the Civil Court of Richmond County, Georgia to the name Marshal of the Civil Court of Richmond County, Georgia; to provide for qualifications of the Chief Judge and Associate Judge of the Civil Court of Richmond County, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Civil Court of Richmond County, Georgia, approved August 28, 1931 (Ga. Laws 1931, p. 270), as amended, particularly by an Act approved March 31, 1971 (Ga. Laws 1971, p. 2745), is hereby amended by striking, wherever the same shall appear, the word Sheriff as it pertains to the Sheriff of the Civil Court of Richmond County, Georgia, and inserting in lieu thereof the word Marshal, so that after the effective date of this Section the hereinbefore sheriff of said court shall be known as and referred to as the Marshal of the Civil Court of Richmond County, Georgia. 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. Be it further enacted by the authority aforesaid, that the Chief Judge of said Civil Court shall be commissioned by the Governor and before entering upon the duties of his office shall take the same oath required by law of Superior Court Judges, that any person who shall be elected Chief Judge or appointed Clerk or Marshal of said Civil Court must at the time of his election or appointment be a qualified voter of Richmond County, and that the Chief Judge of said Court must have the same qualifications as the

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Judges of the Superior Court and State Court. The Chief Judge of said Court shall be subject to the same restrictions as imposed by law upon the Superior Court Judges relative to the prohibition of practicing law. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Affidavit of Publication. Attorney or Agency, J. Bacheller Flythe. Georgia, Richmond County. Personally appeared, E. Arlyene Armstrong, who being duly sworn says that he is an officer of Southeastern Newspapers Corporation, publishers of The Augusta Herald, a daily newspaper in Augusta, in said State and County, and that the advertisement duly appeared in said newspaper on the following dates to wit: Jan. 21, 26, Feb. 4, 1978. /s/ E. Arlyene Armstrong, Sec. Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Joan C. Collins Notary Public, Richmond County, Ga. My Commission Expires April 10, 1979. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia the necessary legislation to provide for changing the name of the Sheriff of Civil Court of Richmond County, Georgia to Marshal of Civil Court of Richmond County, Georgia; to provide for the appointment, compensation and expenses of the Marshal, Clerk, and all employees of the Civil Court of Richmond County, Georgia; to provide compensation for the Chief Judge and Associate Judge of the Civil Court of Richmond County, Georgia; to provide for the qualifications of said judges; to provide for the cost of filing all legal documents in the

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Civil Court of Richmond County, Georgia; to provide an effective date; to repeal any conflicting laws; and for other purposes. This 18th day of January, 1978. /s/ J. Bacheller Flythe Chief Judge, Civil Court Richmond County, Georgia /s/ Oliver K. Mixon Associate Judge, Civil Court 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/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Augusta Herald which is the official organ of Richmond County, on the following dates: January 21, 28, and February 4, 1978. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Lucy Ann Eppes Notary Public, Georgia State at Large. My Commission Expires December 15, 1980. (Seal). Approved March 13, 1978.

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STATE COURT OF SUMTER COUNTYCOMPENSATION OF JUDGE AND SOLICITOR. No. 854 (House Bill No. 1912). AN ACT To amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), so as to change the compensation of the judge and solicitor of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2349), is hereby amended by striking from Section 5A the following: $13,500, and inserting in lieu thereof the following: $15,000, so that when so amended, Section 5A shall read as follows: Section 5A. The salary of the Judge of the State Court of Sumter County shall be $15,000 per annum, payable in equal monthly installments from the funds of Sumter County. Section 2. Said Act is further amended by striking from Section 6A the following: $8,500, and inserting in lieu thereof the following: $10,000,

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so that when so amended, Section 6A shall read as follows: Section 6A. The Solicitor of the State Court of Sumter County shall receive an annual salary of $10,000 per annum, payable in equal monthly installments from the funds of Sumter County, Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Sumter County, approved November 22, 1900 (Ga. Laws 1900, p. 93) as amended, so as to change the compensation of the judge and solicitor of said court so as to make the same reasonably commensurate with compensation of other state court officials in counties of equal or similar population; and for other purposes. This 26th day of January, 1978. /s/ Hugh Carter, Senator, 14th District /s/ Don Castleberry, Representative, 111th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray, who, on oath, deposes and says that he/she 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 27, 1978, February 3, 1978 and February 10, 1978. /s/ Bill Murray Representative, 116th District

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Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HARALSON COUNTYCOUNTY COMMISSIONER'S SALARY. No. 855 (House Bill No. 1921). AN ACT To amend an Act creating the office of County Commissioner of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 255), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2914), 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. Laws 1915, p. 255), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2914), is hereby amended by striking from subsection a. of Section 13 the following: seventeen thousand dollars ($17,000.00), and inserting in lieu thereof the following: eighteen thousand five hundred dollars ($18,500.00), so that when so amended subsection a. of Section 13 shall read as follows:

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a. The County Commissioner of Haralson County shall be compensated in the amount of eighteen thousand five hundred dollars ($18,500.00) 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 1978 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 5th day of January, 1978. /s/ Jim F. Smith Commissioner of Roads and Revenue Haralson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: January 12, 19 and 26, 1978. /s/ Thomas B. Murphy Representative, 18th District

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Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978. CITY OF SUWANEECITY CLERK. No. 856 (House Bill No. 1915). AN ACT To amend an Act incorporating the City of Suwanee, approved March 10, 1964 (Ga. Laws 1964, p. 2733), so as to change the office of the city clerk from an elective to an appointive office; 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 Suwanee, approved March 10, 1964 (Ga. Laws 1964, p. 2733), 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 mayor and council at the first regular meeting of each year shall appoint the city clerk. The clerk who is presently in office and whose term does not expire until December 31, 1979, shall continue to hold such office until the expiration of said term. Said clerk shall perform such duties as the mayor and council may prescribe, and, before entering upon his duties as such clerk, he shall give bond in such amount as may be required by the mayor and council conditioned upon the faithful discharge of his duties as clerk. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Suwanee, Georgia intends to apply for the passage of local legislation in the 1978 regular session of the General Assembly of Georgia to change the office of the City Clerk from an elective office to an appointive office, to be entitled as follows: AN ACT TO AMEND THE CHARTER OF THE CITY OF SUWANEE, GEORGIA BY CHANGING Section 6. At the time two councilmen are elected on the first Saturday in December, 1965, there shall be elected from the qualified voters of said city a clerk who shall serve two (2) years and shall take office January 1, 1966. The clerk, who is presently in office and whose term does not expire until December 31, 1965, shall continue to hold such office until the expiration of said term. TO Section 6. The Mayor and Council at the first regular meeting of each year shall appoint the city clerk. The clerk who is presently in office and whose term does not expire until December 31, 1979 shall continue to hold such office until the expiration of said term. CITY OF SUWANEE By: Glyndon C. Pruitt City Attorney 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/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: February 3, 1978, February 10, 1978 and February 17, 1978. /s/ B. B. Harris, Sr. Representative, 60th District Sworn to and subscribed before me, this 13th day of February, 1978.

Page 3350

/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. PICKENS COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 857 (House Bill No. 1926). AN ACT To amend an Act placing the Clerk of the Superior Court of Pickens County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 3697), so as to change the compensation of the clerk of the superior court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Pickens County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 3697), is hereby amended by striking from Section 2 the figure $11,000.00 and inserting in lieu thereof the figure $13,500.00, so that when so amended, Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Pickens County shall receive an annual salary of $13,500.00 payable in equal monthly installments from county funds, as total compensation for all services rendered by the said clerk. 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 1978 session of the General Assembly of Georgia, a bill to increase the annual salary of The Commissioner of Pickens County. The Clerk of the Superior Court of Pickens County. The Sheriff of Pickens County. The Tax Commissioner of Pickens County and the Probate Judge of Pickens County; and for other purposes. This the 23rd day of January, 1978. /s/ Wendell Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 27, February 3 and 10, 1978. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3352

PICKENS COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 858 (House Bill No. 1927). AN ACT To amend an Act creating the office of Commissioner of Pickens County, approved August 16, 1920 (Ga. Laws 1920, p. 598), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2325), so as to change the compensation 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 Pickens County, approved August 16, 1920 (Ga. Laws 1920, p. 598), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2325), is hereby amended by striking from Section 6 the words, symbols and figure twelve thousand dollars ($12,000.00) and inserting in lieu thereof the words, symbols and figure fourteen thousand dollars ($14,000.00), so that when so amended, Section 6 shall read as follows: Section 6. The Commissioner of Pickens County shall be compensated in the amount of fourteen thousand dollars ($14,000.00) per annum, to be paid in equal monthly installments from the general funds 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 1978 session of the General Assembly of Georgia a bill to increase the annual salary of The Commissioner of Pickens County. The Clerk of the Superior Court of Pickens County. The Sheriff of Pickens County. The Tax Commissioner of Pickens County and The Probate Judge of Pickens County; and for other purposes. This the 23rd day of January, 1978. /s/ Wendell T. Anderson Representative, 8th District

Page 3353

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 27, February 3 and 10, 1978. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. PICKENS COUNTYPROBATE JUDGE'S SALARY. No. 859 (House Bill No. 1929). AN ACT To amend an Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. Laws 1967, p. 3277), as amended by an Act approved March 30, 1971 (Ga. Laws 1971, p. 3222),

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so as to change the compensation of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Pickens County on an annual salary in lieu of the fee system of compensation, approved April 18, 1967 (Ga. Laws 1967, p. 3277), as amended by an Act approved March 30, 1971 (Ga. Laws 1971, p. 3222), is hereby amended by striking from Section 2 the figure $6,000.00 and inserting in lieu thereof the figure $11,500.00, so that when so amended, Section 2 shall read as follows: Section 2. The judge of the probate court shall receive an annual salary of $11,500.00 payable in equal monthly installments from the funds of Pickens County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to increase the annual salary of The Commissioner of Pickens County, The Clerk of the Superior Court of Pickens County, The Sheriff of Pickens County, The Tax Commissioner of Pickens County and The Probate Judge of Pickens County; and for other purposes. This the 23rd day of January, 1978. /s/ Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is

Page 3355

the official organ of Pickens County, on the following dates: January 27, February 3 and 10, 1978. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. PICKENS COUNTYTAX COMMISSIONER'S SALARY. No. 860 (House Bill No. 1930). AN ACT To amend an Act creating the office of Tax Commissioner of Pickens County, Georgia, approved February 22, 1943 (Ga. Laws 1943, p. 1094), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2347), 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 Pickens County, Georgia, approved February 22, 1943 (Ga. Laws 1943, p. 1094), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2347), is hereby amended by striking from Section 4 the figure $10,000.00 and inserting in lieu thereof the figure $12,500.00, so that when so amended, Section 4 shall read as follows:

Page 3356

Section 4. The Tax Commissioner of Pickens County shall receive an annual salary of $12,500.00 to be paid in equal monthly installments from the funds of Pickens County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to increase the annual salary of The Commissioner of Pickens County, The Clerk of the Superior Court of Pickens County, The Sheriff of Pickens County, The Tax Commissioner of Pickens County and The Probate Judge of Pickens County; and for other purposes. This the 23rd day of January, 1978. /s/ Wendell T. Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 27, February 3 and 10, 1978. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 20th day of February, 1978.

Page 3357

/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. LINCOLN COUNTYJURISDICTION OF SMALL CLAIMS COURT. No. 861 (House Bill No. 1931). AN ACT To amend an Act creating a Small Claims Court in Lincoln County, approved March 27, 1972 (Ga. Laws 1972, p. 2796), so as to change the civil 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 Lincoln County, approved March 27, 1972 (Ga. Laws 1972, p. 2796), is hereby amended by striking the symbol and figure $500.00 in the first sentence of Section 1 and inserting in lieu thereof the symbol and figure $1,500.00, so that Section 1, when so amended, shall read as follows: Section 1. There is hereby created in and for Lincoln County a Small Claims Court which shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $1,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment, and said court shall have, in addition to the jurisdiction specifically set forth above, all of the jurisdiction and powers now possessed and exercised by the Justice of Peace Courts of the State of Georgia, in both civil and criminal matters, including but not limited to, the issuing of warrants for arrest, search warrants, warrants to keep the peace, and shall act as a court of inquiry with power to bind over or release persons charged with criminal offenses, to set bonds and to do and

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perform all things necessary and proper in performing duties of a court of inquiry in the same manner and as fully as is allowed by law to the Justice of Peace Courts under the laws of the State of Georgia. The Judge of said court shall have the power and authority to do and perform all the acts now allowed to the Justices of the Peace and his authority and the jurisdiction of said court shall be county-wide. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court in Linclon County, approved March 27, 1972 (Ga. Laws 1972, p. 2769), so as to change the civil jurisdiction of said court; and for other purposes. This 23rd day of December, 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/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Lincoln Journal which is the official organ of Lincoln County, on the following dates: January 5, 12, 19, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 20th day of February, 1978.

Page 3359

/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. COLUMBIA COUNTYBOARD OF EDUCATION, REFERENDUM. No. 862 (House Bill No. 1932). AN ACT To amend an Act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968 (Ga. Laws 1968, p. 2708), so as to change the compensation of members of the board of education; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968 (Ga. Laws 1968, p. 2708), is hereby amended by striking from Section 6, the following: $50.00, and inserting in lieu thereof the following: $100.00, so that when so amended Section 6 shall read as follows: Section 6. Each member of the board shall receive the sum of $100.00 per month as compensation for their services on the board.

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Section 2. Not less than 10 nor more than 180 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Columbia County to issue the call for an election for the purpose of submitting this Act to the electors of the Columbia County school district for approval or rejection. The superintendent shall set the date of such election for the day of the general election for the election of members of the General Assembly of Georgia 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 Columbia County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act increasing the compensation of members of the Board of Education of Columbia County from $50.00 per month to $100.00 per month 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 Columbia County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act providing for the election of members of the Board of Education of Columbia County, approved March 21, 1968 (Ga. Laws 1968, p. 2768), so as to change the compensation of members of the board of education; to provide for a referendum; and for other purposes. This 30th day of January, 1978. /s/ Ray Owens Representative, 77th District

Page 3361

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 County News which is the official organ of Columbia County, on the following dates: February 1, 8 and 15, 1978. /s/ Ray Owens Representative, 77th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978. COLUMBIA COUNTYBOARD OF COMMISSIONERS, RECALL ELECTIONS. No. 863 (House Bill No. 1933). AN ACT To amend an Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, so as to provide for the recall of the Chairman and members of the Board of Commissioners of Columbia County;

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to provide for recall elections and petitions; to provide for the procedures connected with the foregoing; to provide for the filling of vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, is hereby amended by adding, following Section 15, a new Section 15A, to read as follows: Section 15A. The Chairman and each member of the Board of Commissioners of Columbia County shall be subject to recall at any time after their election upon petition in writing. The petition for such recall election shall be signed by not less than 30 percent of the registered voters of the county who are registered to vote on the date the notice required by this Section is given to the judge of the probate court. The persons sponsoring such petition shall address such petition to the judge of the probate court, petitioning him to call for a special election to submit the question of whether any such member of the board of commissioners shall be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the Judge of the Probate Court of Columbia County with a notice that a petition is to be circulated seeking signatures for a special election for the recall of a member or members of the Board of Commissioners of Columbia County. The petition shall be submitted to the judge of the probate court with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the judge of the probate court. If such petition is not submitted within the 45-day time limit it shall be void and of no force and effect. Upon submission of the petition to the judge of the probate court it shall be the duty of the judge to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the judge within 15 days following the date on which the petition is submitted to the judge. In the event he determines that the petition is in order, it shall be the duty of the judge of the probate court to issue the call for an election and such call shall be issued within five days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45

Page 3363

days following the issuance of the call. It shall be his further duty to publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the sheriff's advertisements appear. The ballots used in such election shall state the name of the officer whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: `[] YES [] NO Shall (name of officeholder), (name of office) be recalled and removed from office?' Those persons desiring to vote in favor of recall shall vote `Yes', and those desiring to vote against recall shall vote `No'. If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall the member shall remain in office. It shall be the duty of the judge of the probate court to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall no new petition shall be presented to the judge of the probate court within one year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this Section shall be eligible to fill the vacancy created by such recall. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3364

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Columbia County, approved August 18, 1927 (Ga. Laws 1927, p. 549), as amended, so as to provide for the recall of the Chairman and members of the Board of Commissioners of Columbia County; to provide for recall elections and petitions; to provide for the procedures connected with the foregoing; to provide for the filling of vacancies; to provide for other matters relative to the foregoing; and for other purposes. This 30th day of January, 1978. /s/ Ray 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 County News which is the official organ of Columbia County, on the following dates: February 1, 8 and 15, 1978. /s/ Ray Owens Representative, 77th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Lare. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978.

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CITY OF VARNELLCORPORATE LIMITS, REFERENDUM. No. 864 (House Bill No. 1934). AN ACT To amend an Act incorporating the City of Varnell, approved April 8, 1968 (Ga. Laws 1968, p. 3065), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2408), so as to deannex certain property from the corporate limits of said city; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Varnell, approved April 8, 1968 (Ga. Laws 1968, p. 3065), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2408), is hereby amended by striking the last paragraph of Section 1.03, which reads as follows: Beginning at a point in land lot No. 207, 11th District, 3rd Section, on the south line of the right-of-way of Georgia Highway #2, where the same intersects the present corporate limits of the City of Varnell; thence southeast along the south line of the right-of-way of Georgia Highway #2 to its intersection with the east side of the Dalton-Cleveland Highway; thence east along the south right-of-way of Georgia Highway #2 1,500 feet to a point opposite the southeast corner of lands of the Whitfield County Board of Education as shown by Plat of record in Plat Book 1, page 78 and Deed Book 207, page 415 in the Office of the Clerk of the Superior Court of Whitfield County, Georgia; thence north 1,152.4 feet along the east side of the lands of Whitfield County Board of Education; thence west 1,500 feet to the west side of the Dalton-Cleveland Highway; thence south along the line of the west right-of-way of the Dalton-Cleveland Highway to its intersection with the north line of right-of-way of Georgia Highway #2; thence west along the north line of the right-of-way of Georgia Highway #2 to its intersection with the present corporate limits of the City of Varnell; thence south across Georgia Highway #2 to the point of beginning; and all that area located in land lots Nos. 208, 207, 226, 227, 228, 241, 229, 205, 192, 169, 156 and 170 in said County, District and Section included

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with the boundaries aforesaid shall be incorporated in said City, and said City limits are hereby extended to include all such area and parts of lots aforesaid within the said City of Varnell., in its entirety and inserting in lieu thereof a new last paragraph of Section 1.03, to read as follows: Beginning at a point in land lot No. 207, 11th District, 3rd Section, on the south line of the right-of-way of Georgia Highway #2, where the same intersects the present corporate limits of the City of Varnell; thence southeast along the south line of the right-of-way of Georgia Highway #2 to its intersection with the east side of the Dalton-Cleveland Highway; thence east along the south right-of-way of Georgia Highway #2 1,500 feet to a point opposite the southeast corner of lands of the Whitfield County Board of Education as shown by Plat of record in Plat Book 1, page 78 and Deed Book 207, page 415 in the Office of the Clerk of the Superior Court of Whitfield County, Georgia; thence north 1,152.4 feet along the east side of the lands of Whitfield County Board of Education; thence west 1,500 feet to the west side of the Dalton-Cleveland Highway; thence south along the line of the west right-of-way of the Dalton-Cleveland Highway to its intersection with the north line of right-of-way of Georgia Highway #2; thence west along the north line of the right-of-way of Georgia Highway #2 to its intersection with the present corporate limits of the City of Varnell; thence south across Georgia Highway #2 to the point of beginning. Section 2. Not less than 10 nor more than 20 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of the City of Varnell to issue the call for an election for the purpose of submitting this Act to the electors of the area proposed to be deannexed from the corporate limits of said city by this Act for approval or rejection. The superintendent shall set the date of such election for a day not less than 30 nor more than 60 days after the date of the issuance of the call. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Whitfield County. The ballot shall have written or printed thereon the words:

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[] YES [] NO Shall the Act deannexing certain property from the corporate limits of the City of Varnell 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 the City of Varnell. 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 1978 Session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Varnell, approved April 8, 1968 (Ga. Laws 1968, p. 3065), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2408), so as to change the corporate limits of the city; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 27th day of Dec., 1977. /s/ Tom Ramsey Representative, 3rd District 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/she is Representative from the 3rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Daily Citizen-News which is the official

Page 3368

organ of Whitfield County, on the following dates: December 30, 1977, January 6, 1978, and January 13, 1978. /s/ Tom Ramsey Representative, 3rd District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. BUTTS COUNTYBOARD OF EDUCATION, REFERENDUM. No. 865 (House Bill No. 1936). AN ACT To amend an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select two members from certain militia districts, approved April 10, 1971 (Ga. Laws 1971, p. 3762), so as to provide for the selection of the members of the school board on an at-large basis; to provide for continuity in 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. An Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select two members from certain militia districts, approved April 10, 1971 (Ga. Laws 1971, p. 3762), is hereby amended by striking Section 1 thereof in its entirety and substituting in lieu thereof a new Section 1 to read as follows:

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Section 1. The Grand Jury of Butts County shall be authorized to select the members of the Board of Education of Butts County from the county at large. Section 2. The members of the Board of Education of Butts County 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 by law. Section 3. Not less than 90 nor more than 120 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Butts County to issue the call for an election for the purpose of submitting this Act to the electors of the Butts County School District for approval or rejection. The superintendent shall set the date of such election as the date of the general election to be held in Butts 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 Butts County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for at-large appointment of the members of the Butts County 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 Butts 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an Act to provide that the Grand Jury selecting members of the County Board of Education of Butts County shall be authorized to select two members from certain militia districts, approved April 10, 1971 (Ga. Laws 1971, p. 3762), so as to provide for the selection of the members of the school board on an at-large basis; to provide for continuity in office; to provide for a referendum; and for other purposes. This 16th day of January, 1978. /s/ Honorable 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/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TOWN OF ALAPAHACORPORATE LIMITS. No. 866 (House Bill No. 1938). AN ACT To amend an Act providing and establishing a new charter for the Town of Alapaha, approved August 21, 1921 (Ga. Laws 1921, p. 606), as amended, so as to change the corporate limits of that town; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing and establishing a new charter for the Town of Alapaha, approved August 21, 1921 (Ga. Laws 1921, p. 606), as amended, is hereby amended by adding at the end of Section 2 the following: The corporate limits of the Town of Alapaha shall also include the following described tract and parcel of land: `All that tract or parcel of land situate, lying and containing 5.916 acres in Land Lot Number 420 in the 5th Land District of Berrien County, Georgia, and being more particularly described as follows: Starting at a point on the South side of the Town of Alapaha, Georgia, where Alapaha City Limits intersect the West right of way of South Main Street, thence South 90 degrees West a distance of 10.26 feet and call this the POINT OR PLACE OF BEGINNING. Thence South 10 degrees 36 minutes 20 seconds West 405.56 feet along the West right of way of U.S. Highway 129 (also being State Road 11 and South Main Street in Alapaha, Georgia) to a point marked by an iron pin; thence South 49 degrees 36 minutes 20 seconds West 596.80 feet to a point marked by an iron pin; thence North 13 degrees 33 minutes 57 seconds East 656.56 feet to a point marked by an iron pin along a fence; thence South 89 degrees 19 minutes 33 seconds West 329.37 feet to a point marked by an iron pin; thence North 2 degrees 2 minutes 43 seconds East 151.01 feet to a point marked by an iron pin on the present City Limits of the City of Alapaha, Georgia; thence North 90 degrees 00 minutes East 699.10 feet along a portion of the present City Limits of Alapaha, Georgia, to the POINT OR PLACE OF BEGINNING.'

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Alapaha in Berrien County, Georgia, approved August 1, 1921, (Ga. Laws 1921, p. 606), as amended, so as to change the corporate limits of said town; and for other purposes. This 12th day of January, 1978. /s/ Dane Perkins Attorney for Town of Alapaha 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/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following dates: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CLARKE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 867 (House Bill No. 1941). AN ACT To amend an Act creating a new Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended, so as to change the compensation of the chairman and 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 new Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. Laws 1973, p. 2467), as amended, is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8, to read as follows: Section 8. Compensation. The Chairman of the Board shall be compensated in the amount of eight thousand four hundred dollars ($8,400.00) per annum, to be paid in equal monthly installments, and he shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00) per annum, payable in equal monthly installments. The other four members of the Board shall be compensated in the amount of forty-eight hundred dollars ($4,800.00) per annum each, to be paid in equal monthly installments, and they shall also receive an annual travel and expense allowance of one thousand two hundred dollars ($1,200.00) per annum each, payable in equal monthly installments. Said sums shall be paid from the funds of Clarke County. The salary and expense allowance so fixed shall constitute the entire compensation from all sources to which the Chairman or any Commissioner shall be entitled. They shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office. Section 2. This Act shall become effective on January 1, 1979.

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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 local legislation will be introduced in the 1978 Session of the General Assembly of Georgia to amend an Act creating the Board of Commissioners of Clarke County, approved March 29, 1973 (Ga. L. 1973, p. 2467), as amended, so as to change the compensation of the Chairman and the members of the Board of Commissioners; to repeal conflicting laws; and for other purposes. This 25th day of January, 1978. /s/ Bob Argo Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer oaths, Robert W. Chambers, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in said county, and that the attached notice of intention to introduce local legislation was published in The Daily News, which is the official organ of Clarke County, on the following dates: January 27, 1978; February 3, 1978; and February 10, 1978. /s/ Robert W. Chambers Publisher, The Daily News Sworn to and subscribed before me, this the 14th day of Feb., 1978. /s/ Eve Hale Morris Notary Public, Georgia State at Large. My Commission Expires July 26, 1980. (Seal). Approved March 13, 1978.

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CLARKE COUNTYMAGISTRATE'S COURTCOSTS, ETC. No. 868 (House Bill No. 1942). AN ACT To amend an Act providing 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, approved March 30, 1977 (Ga. Laws 1977, p. 4450), so as to enumerate certain fees and require a larger deposit on cost of suit; to provide 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 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, approved March 30, 1977 (Ga. Laws 1977, p. 4450), is hereby amended by striking Section 25 in its entirety and inserting in lieu thereof a new Section 25, to read as follows: Section 25. The following shall be the fees for the Athens-Clarke County Magistrate's Court, and it shall be lawful for said Magistrate to charge and collect the same: Serving any warrant, petition, garnishment, or similar legal document of said court $10.00 Levying fieri facias 10.00 Returning nulla bona 5.00 Trial of any case 10.00 All other 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. Section 2. Said Act is further amended by striking Section 26 in its entirety and by substituting in lieu thereof a new Section 26 to read as follows:

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Section 26. Each party filing a civil suit or proceeding 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 $10.00 on cost of suit and $10.00 for each defendant to be served; 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 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 local legislation will be introduced in the 1978 Session of the General Assembly of Georgia to amend an Act combining the Magistrate's Court of Clarke County, Georgia, and the Recorder's Court of the City of Athens, Georgia, (Ga. L. 1977, p. 4450), so as to enumerate certain fees and require a larger deposit on cost of suit, to provide an effective date; to repeal conflicting laws; and for other purposes. This 3rd day of January, 1978. Board of Commissioners of Clarke County, Georgia Georgia, Clarke County. Personally appeared before the undersigned attesting officer, an officer duly qualified to administer oaths, Robert W. Chambers, who being duly sworn on oath says that he is publisher of The Daily News, a newspaper having general circulation and whose principal place of business is in said county, and that the attached notice to intention to introduce local legislation was published in The Daily News, which is the official organ of Clarke County, on the following

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dates: January 6, 1978; January 13, 1978; and January 20, 1978. /s/ Robert W. Chambers Publisher, The Daily News Sworn to and subscribed before me, this 14th day of Feb., 1978. /s/ Eve Hale Morris Notary Public, Georgia State at Large. My Commission Expires July 26, 1980. (Seal). Approved March 13, 1978. FAYETTE COUNTY PUBLIC FACILITIES AUTHORITY ACT. No. 869 (House Bill No. 1946). AN ACT To create the Fayette County Public Facilities Authority and to authorize such authority, to acquire, construct, equip, maintain and operate buildings and the usual and convenient facilities appertaining to such undertakings, and extensions and improvements of such facilities, acquiring parking facilities and parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities, including real property; to confer powers and to impose duties on the Authority; to provide for the membership and for the appointment of members of the Authority and their term of tenure and compensation, to authorize the Authority to contract with others pertaining to the facilities and to execute leases of such facilities and to convey title to real property in fee simple of the Authority and to do all things deemed necessary or convenient for the operation of such undertakings; to authorize the issuance of revenue bonds or obligations of the Authority, payable from the revenues, tolls, fees, charges and earnings of the Authority including, but not limited to, earnings derived from leases and income from conveyances of real property

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of the Authority, and to pay the cost of such undertakings and to authorize the collection and pledging of the revenues and earnings of the Authority for the payment of such bonds or obligations and to authorize the execution of trust indentures to secure the payment thereof and to define the rights of the holders of such bonds or obligations; to provide that no debt of Fayette County shall be incurred in the exercise of any of the powers granted by this Act; to make the bonds or obligations of the Authority exempt from taxation; to authorize the issuance of refunding bonds or obligations; to fix the venue or jurisdiction of actions relating to any provisions of this Act and to provide that such bonds or obligations be validated as authorized by the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq.), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq.), as amended; to provide for severability; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This may be cited as the Fayette County Public Facilities Authority Act. Section 2. Fayette County Public Facilities Authority. (a) There is hereby created a body corporate and politic to be known as the Fayette County Public Facilities Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation by that name, style and title and said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity, except that the Authority or the trustee acting under the trust indenture shall in no event be liable for any torts committed by any of the officers, agents and employees of the Authority. The Authority is hereby granted the same exemptions and exclusions from taxes as are now granted to cities and counties for the operation of facilities similar to facilities to be operated by the Authority as provided under the provisions of this Act. (b) The Authority shall consist of three (3) members who shall be residents of Fayette County and who shall be appointed by the Board of Commissioners of Fayette County. The members of the Authority shall be appointed to serve for a term of one (1) year from the date of such appointment and until their successors shall have been selected and appointed.

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The Chairman of the Board of Commissioners of Fayette County or one of the members of the Board of Commissioners of Fayette County may be appointed to serve as members of the Authority, but in no event shall there be serving at any one time as a member of the Authority more than one member of the Board of Commissioners or the Chairman. The term of office of any member who holds his appointment by reason of his being a member of the appointing body, shall expire when his term of office as a member of such appointing body expires. Any member of the Authority may be selected and appointed to succeed himself. Immediately after such appointments, the members of such Authority shall enter upon their duties. Any vacancy on the Authority shall be filled in the same manner as was the original appointment of the member whose termination of membership resulted in such vacancy and the person so selected and appointed shall serve for the remainder of the unexpired term. The Authority shall elect one of its members as chairman and another member as vice-chairman and it shall also elect a secretary and treasurer, who does not necessarily have to be a member of the Authority and if not a member he or she shall have no voting rights. Two-thirds of the members of the Authority shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall be reimbursed for all actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. Section 3. Definitions. As used in this Act the following words and terms shall have the following meanings: (a) The word Authority shall mean the Fayette County Public Facilities Authority created in Section 2 of this Act. (b) The word project shall be deemed to mean and include the acquisition, construction, equipping, maintenance and operation of buildings and the usual facilities, furnishings, equipment, and real and personal property related thereto, and extensions and improvements of such buildings, equipment, facilities and property, the acquisition of the necessary property therefor, both real and personal, and the lease and sale of any part or all of such buildings, facilities,

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furnishings and equipment, including real and personal property, so as to assure the efficient and proper development, maintenance and operation of such facilities and areas, deemed by the Authority to be necessary, convenient or desirable. (c) The term cost of the project shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of all machinery, furnishings and equipment, financing charges, interest prior to and during construction, and for one year after completion of construction, cost of engineering, architectural, fiscal and legal expenses, and of plans and specifications, and other expenses necessary or incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized, the construction of any project, or the placing of the same in operation. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a part of the cost of the project and may be paid or reimbursed as such out of the proceeds of revenue bonds issued under the provisions of this Act for such project. (d) The terms revenue bonds, bonds and obligations as used in this Act, shall mean revenue bonds as defined and provided for in the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, and such type of obligations may be issued by the Authority as authorized under said Revenue Bond Law and any amendments thereto and, in addition, shall also mean obligations of the Authority, the issuance of which are hereinafter specifically provided for in this Act. (e) Any project shall be deemed self-liquidating if, in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the cost of operating, maintaining and repairing, improving and extending the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project or projects. Section 4. Powers. The Authority shall have powers: (a) To have a seal and alter the same at pleasure;

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(b) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes; (c) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, real property or rights of easements therein or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, and no property shall be acquired under the provisions of this Act upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any lands the title to which shall then be in Fayette County or in any municipality incorporated in said County, the governing authority or body of said County or of any of said municipalities, is hereby authorized to convey title to such lands to the Authority upon payment to the credit of the general funds of said County or municipalities the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the governing authority or body of said County or municipality and the Chairman of the Authority; (d) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations; (e) To make contracts, leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to dispose by conveyance of its title in fee simple of real and personal property of every kind and character, and any and all persons, firms and corporations, the State and any and all political subdivisions, departments, institutions or agencies of the State are hereby authorized to enter into contracts, leases or agreements with the Authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease and sublease agreements, with the

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State of Georgia, or any agencies or departments thereof relative to buildings and facilities, areas and facilities and relative to any property, which such department or other agency or department of the State of Georgia has now, or may hereafter obtain, by lease from the United States Government or any agency or department thereof and the Authority is specifically authorized to convey title, in fee simple, to any and all of its lands and any improvements thereon to any persons, firms, corporations, counties, municipalities, the State of Georgia or the United States Government, or any agency or department thereof, subject to the rights and interests of the holders of any of the bonds or obligations authorized to be issued hereunder, and by the resolution or trust indenture of the Authority authorizing the issuance of any of its bonds or obligations as provided in Section 17 of this Act; (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 or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may impose; (h) To accept loans or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may impose; (i) To borrow money for any of its corporate purposes and to execute evidences of such indebtedness and to secure the same and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof; (j) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State;

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(k) The Authority and the trustee acting under the trust indenture, are specifically authorized from time to time to sell, lease, grant, exchange or otherwise dispose of any surplus property, both real or personal, or interest therein not required in the normal operation of and usable in the furtherance of the purpose for which the Authority was created, except as such right and power may be limited as provided in Section 17 hereof; (l) To borrow money for any of its corporate purposes from any bank, banks or other lending institutions for a period of time not to exceed ten (10) years and to execute evidences of such indebtedness and to secure the same by assigning all rights to and pledging all funds to be received by the Authority from a lease or leases entered into by the Authority as the lessor and Fayette County as the lessee; (m) To do all things necessary or convenient to carry out the powers expressly given in this Act. Section 5. Revenue Bonds. This Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized at one time, or from time to time, to provide by resolution for the issuance of negotiable revenue bonds, for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates not exceeding the maximum limit prescribed in the Revenue Bond Law or any amendment thereto. Interest shall be payable semi-annually, principal shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds. Such revenue bonds or obligations shall be issued pursuant to and in conformity with the Revenue Bond Law (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended, and all procedures pertaining to such

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issuance and the conditions thereof shall be the same as those contained in said Revenue Bond Law and any amendments thereto. Section 6. Same; Form; Denomination; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places for payment of principal and interest thereof, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine and provision may be made for the registration of any coupon bond as to the principal alone and also as to both the principal and interest. Section 7. Same; Signatures; Seal. All such bonds shall be signed by the Chairman of the Authority and attested by the Secretary and Treasurer of the Authority and the official seal of the Authority shall be affixed thereto and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Section 8. Same; Negotiability; Exemption From Taxation. All revenue bonds issued under the provisions of this Act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under laws of the State. Such bonds are declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State. Section 9. Same; Sale; Proceeds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from

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the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds. Section 10. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. Section 11. Same; Replacement of Lost or Mutilated Bonds. The Authority may also provide for the replacement of any bond or any coupons which shall become mutilated or be destroyed or lost. Section 12. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things than those proceedings, conditions and things which are specified or required by this Act. Any resolution, providing for the issuance of revenue bonds under the provisions of this Act, shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed at any regular or special or adjourned meeting of the Authority by a majority of its members. Section 13. Credit Not Pledged. Revenue bonds issued under the provisions of this Act shall not be deemed to constitute a debt of Fayette County, nor a pledge of the faith and credit of said County, but such bonds shall be payable solely from the fund hereinafter provided for and the issuance of such revenue bonds shall not directly, indirectly or contingently obligate the said County to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Section. Section 14. Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority, including the proceeds derived from the sale from time to time of any surplus property of the Authority,

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both real and personal. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, including the proceeds derived from the sale of property of the Authority, both real and personal, and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depository and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture. Section 15. To Whom Proceeds of Bonds Shall Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who or any agency, bank or trust company which shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Act and such resolution or trust indenture may provide. Section 16. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued and any monies derived from the sale of any properties, both real and personal,

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of the Authority, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) any premium upon bonds acquired by redemption, payment or otherwise, and (4) the necessary charges of the paying agent or agents for paying principal and interest, and (5) any investment fees or charges. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds or in the trust indenture any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not be reissued, printed and delivered. Section 17. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

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Section 18. Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 19. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Fayette County, Georgia, and any action pertaining to validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 20. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended. The petition for validation shall also make party defendant to such action the State of Georgia or any municipality, county, authority, political subdivision or instrumentality of the State of Georgia or the United States Government or any department or agency of the United States Government, if subject to being sued and if consenting to same, which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and the State or such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any, why such contract or contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, the State and any municipality, county, authority, political subdivision, or instrumentality, if a party to the validation proceedings, contracting with the said Fayette County Public Facilities Authority.

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Section 21. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interest and rights of the holders of such bonds, and no other entity, department, agency or Authority will be created which will compete with the Authority to such an extent as to affect adversely the interest and rights of the holders of such bonds, nor will the State itself so compete with the Authority. The provisions of this Act shall be for the benefit of the Authority and the holders of any such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds. Section 22. Moneys Received Considered Trust Funds. All moneys received pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act. Section 23. Purpose of the Authority. Without limiting the generality of any provisions of this Act the general purpose of the Authority is declared to be that of acquiring, constructing, equipping, maintaining and operating buildings and the usual facilities, furnishings, equipment, and property related thereto, and related buildings and the usual and convenient facilities appertaining to such undertakings and extensions and improvements of such facilities, acquiring parking areas in connection therewith, acquiring the necessary property therefor, both real and personal, and to lease or sell any or all of such facilities including real property and to do any and all things deemed by the Authority, necessary, convenient or desirable for and incident to the efficient and proper development and operation of such types of undertakings. Section 24. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and revise from time to time rates, fees, tolls and charges, and to collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, and to determine the price and terms at and under which its lands or facilities may be sold and in anticipation of the collection of the revenues and income of such undertakings or projects, to issue revenue bonds

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as herein provided to finance in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and to pledge to the punctual payment of said bonds and interest thereon, all or any part of the revenues and income of such undertakings or projects, including the revenues of improvements, betterments or extensions thereafter made or the sale of any of its lands and facilities. Section 25. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions of this Act, including the basis on which facilities shall be furnished. Section 26. (a) All meetings of the Authority shall be opened to the public at all times. Ample notice shall be given to all members of the Authority and to the public of any special or called meeting of the Authority. The minutes of all meetings and all actions taken by the Authority shall likewise be opened to public inspection. (b) Each purchase made in behalf of the Authority of personal property or services in excess of $500.00 shall be accomplished pursuant to competitive bids, after having published invitations to bid in the official organ of Fayette County prior to the award of any contract. All bids shall be opened during meetings of the Authority and the rejection or acceptance thereof shall be entered upon the minutes of the Authority. (c) Any surplus or unserviceable property of the Authority shall be disposed of pursuant to competitive bids which shall be advertised in the official organ of Fayette County. All bids for the disposal of such property shall be opened during public meetings of the Authority and the acceptance and rejection thereof shall be entered upon the minutes of the Authority. (d) The affirmative action of at least two members of the Authority shall be required in order that any action on behalf of the Authority may be taken. (e) At the conclusion of each fiscal year of the Authority, the affairs of the Authority shall be audited by a certified public accounting firm. The Board of Commissioners of Fayette County shall

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select the firm which shall conduct the audit. A synopsis of the audit shall be published in the official organ of Fayette County as soon as the report of the auditors is submitted to the Authority. (f) All funds of the Authority which are not required for the normal operations of the Authority shall be invested in interest bearing investments within 30 days of their receipt by the Authority. Section 27. Powers Declared Supplemental and Additional. The foregoing Sections of this Act shall be deemed to provide an additional and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws, and shall not be regarded as in derogation of any powers now existing. Section 28. Liberal Construction of Act. This Act being for the purpose of promoting the health and general welfare of the citizens of the United States, of the State of Georgia and Fayette County, shall be liberally construed to effect the purposes hereof. Section 29. Effect of Partial Invalidity of Act. Should any sentence, clause, phrase, or part of this Act be declared for any reason to be unconstitutional or invalid, the same shall not affect such remainder of this Act or any part hereof, other than the part so held to be invalid, but the remaining provisions of this Act shall remain in full force and effect, and it is the express intention of this Act to enact each provision of this Act independently of any other provision hereof. Section 30. County Powers. This Act does not in any way take from Fayette County or any municipality located therein, the authority to own, develop, operate and maintain buildings or facilities, or to issue revenue bonds as is provided by the Revenue Bond Law of Georgia (Ga. Laws 1957, p. 36), as amended, amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761), as amended. Section 31. Effective Date. This Act shall become effective upon approval by the Governor or upon its becoming law without his approval. However, the Authority shall not become operative until such time as the governing authority of Fayette County shall, by appropriate resolution, declare the need for the Authority within Fayette County.

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Section 32. 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 1978 session of the General Assembly of Georgia a bill creating the Fayette County Public Facilities Act authorizing the governing authority of Fayette County to acquire land, and construct, equip, maintain and operate buildings and other facilities appertaining to the provisions for services for which the the governing authority is empowered to do in accordance with Article VII, Sections 4, 5 and 6 of the Constitution of the State of Georgia and for other lawful purpose according to the Constitution and laws of the State of Georgia, to repeal conflicting laws and for other purposes. Publisher's Affidavit Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says he is publisher of the Fayette 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 Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978.

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/s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 13, 1978. FAYETTE COUNTYEXPENSES OF BOARD OF COMMISSIONERS. No. 870 (House Bill No. 1947). AN ACT To amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. Laws 1959, p. 2431), as amended, so as to provide for the reimbursement of the chairman and members of the board of commissioners for expenses incurred in the performance of their duties; 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. Laws 1959, p. 2431), as amended, is hereby amended by adding, following Section 7, a new Section 7A, to read as follows: Section 7A. The chairman and members of the Board of Commissioners of Fayette County shall be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties within the limits provided in this Section. The chairman shall be reimbursed for such expenses in an amount not to exceed $3,000.00 per year and the other members of the board of commissioners shall each be reimbursed for their expenses in an amount not to exceed $2,400.00 per year. The reimbursement of such expenses shall be paid from the funds of Fayette County under such procedures as shall be provided for by the board of commissioners. 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 1978 session of the General Assembly of Georgia a bill to increase the compensation of the members of the Board of Commissioners of Fayette County, to repeal conflicting laws and for other purposes. PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 13, 1978.

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FAYETTE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 871 (House Bill No. 1948). AN ACT To amend an Act consolidating the Offices of Tax Receiver and Tax Collector of Fayette County into the Office of Tax Commissioner of Fayette County, approved January 26, 1956 (Ga. Laws 1956, p. 2022), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 3088), so as to provide that the tax commissioner shall not collect or pay to the governing authority of Fayette County any commission for the collection of educational taxes but shall pay all educational funds collected, without deduction, to the Board of Education of Fayette County; 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 Fayette County into the Office of Tax Commissioner of Fayette County, approved January 26, 1956 (Ga. Laws 1956, p. 2022), as amended, particularly by an Act approved March 31, 1965 (Ga. Laws 1965, p. 3088), is hereby amended by adding, following the first sentence of Section 4B of said Act, the following: Any other provision of this Section or law to the contrary notwithstanding, the tax commissioner shall not collect or pay to the governing authority of Fayette County any commission for the collection of educational taxes but shall pay all educational funds collected, without deduction, to the Board of Education of Fayette County., so that when so amended Section 4B, shall read as follows: Section 4B. After the effective date of this Act, the tax commissioner 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

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and hold the same in trust for said county as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. Any other provision of this Section or law to the contrary notwithstanding, the tax commissioner shall not collect or pay to the governing authority of Fayette County any commission for the collection of educational taxes but shall pay all educational funds collected, without deduction, to the Board of Education of Fayette County. At the time of each such monthly payment, the tax commissioner shall also furnish the county fiscal authority a detailed, itemized statement, under oath, of all such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to eliminate a 2-1/2% collection fee on all tax money collected on behalf of the Fayette County Board of Education, to repeal conflicting laws and for other purposes. PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978.

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/s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 13, 1978. FAYETTE COUNTYSMALL CLAIMS COURT, QUALIFICATION OF JUDGE, ETC. No. 872 (House Bill No. 1950). AN ACT To amend an Act to create and establish a Small Claims Court in and for Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), so as to change the qualifications of the judge of said court; to change certain exemptions; 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 Fayette County, Georgia, approved March 30, 1977 (Ga. Laws 1977, p. 4243), is hereby amended by striking the last two sentences in subsection (a) of Section 2, which read as follows: 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., so that when so amended, said subsection shall read as follows:

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(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. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to change the qualifications of the Judge of the Small Claims Court of Fayette County, Georgia, to repeal conflicting laws and for other purposes. BY: Barbara B. Kilgore, Clerk Board of Commissioners of Fayette County, Georgia PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, Georgia, on the following dates: February 1, 1978, February 8, 1978 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 13, 1978.

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FAYETTE COUNTYBOARD OF COMMISSIONERS, ELECTIONS. No. 873 (House Bill No. 1949). AN ACT To amend an Act creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. Laws 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4264), so as to change the provisions relating to the election of members of the board of commissioners; to change the provisions relating to districts for 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 creating a Board of Commissioners for Fayette County, approved March 9, 1959 (Ga. Laws 1959, p. 2431), as amended, particularly by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4264), is hereby amended by striking Section 2, which reads 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. 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

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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., in its entirety and inserting 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. 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.

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Provided, however, the members elected from Road District 4 and Road District 5 shall serve for an initial term of office of two (2) years and until their respective successors are elected and qualified. Thereafter, successors to Road District 4 and Road District 5 shall be elected in an election immediately preceding the expiration of the term of office of the members of Road District 4 and Road District 5 until their successors so elected shall take office on January 1 following the election for a term of office of four (4) years and until their respective successors are duly 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. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioner for Fayette County for the purposes of changing the terms of the members thereof, to repeal conflicting laws and for other purposes. Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News

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Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 13, 1978. FULTON COUNTYEMPLOYEES' PENSIONS. No. 874 (House Bill No. 427). AN ACT To amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, so as to provide prior service credit for service to the Fulton County legislative delegation pursuant to a contract if such person has subsequently become qualified for pension benefits under this Act and if such person is engaged in the same type of employment; to provide the conditions and payment for such service and certain other requirements as may be prescribed by the Board of Trustees; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: That an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, is further amended as follows:

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Section 1. Any officer or employee of Fulton County who is qualified for pension benefits under this Act, as amended, who rendered full-time prior service to the Fulton County legislative delegation pursuant to a contract and who engaged in the same type of employment under such contract that he is engaged in on the effective date of this Section and for which he is now qualified to receive pension benefits, may receive credit for such service for benefits under this Act, as amended, upon the following terms and conditions: (1) Application must be made for credit within six (6) months after the effective date of this Section. (2) Such officer or employee shall pay into the pension fund created by this Act, as amended, an amount which he would have paid into such fund had he been an employee of Fulton County during such time, plus matching funds, plus 6% interest on the total amount. The payments may be divided into thirty-six (36) equal installments, bearing interest at 6%, and the amount thereof deducted from any compensation due such person. (3) It shall be the responsibility of the officer or employee making application for such credit to furnish to the Board of Trustees proof for the years of service and the monthly rate of compensation in such manner as the Board may, by rules, prescribe. (4) The total amount of creditable service under this Section and for prior service described herein shall not exceed three (3) years, provided, however, that such years of credit shall not be used to obtain pension benefits in any other pension system. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for 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 the Act approved March 3, 1939 (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and regulations governing the payment of pensions to County employees of said County and for other purposes; and any

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matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. E. McKinney, who, on oath, deposes and says that he is Representative 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 21, 28, 1976 and January 4, 1977. /s/ J. E. McKinney Representative, 35th District Sworn to and subscribed before me, this 28th day of January, 1977. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978.

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TWIGGS COUNTYBOARD OF COMMISSIONERS, RECALL ELECTIONS, REFERENDUM. No. 875 (House Bill No. 1960). AN ACT To amend an Act to create a Board of Commissioners of Roads and Revenues for Twiggs County, approved July 27, 1923 (Ga. Laws 1923, p. 324), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3611), so as to authorize the recall of the members of the board of commissioners; to provide for petitions; to provide for the conduct of the recall elections; to provide for practices, procedures, and requirements in connection with the recall elections; to provide for the filling of vacancies; 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 create a Board of Commissioners of Roads and Revenues for Twiggs County, approved July 27, 1923 (Ga. Laws 1923, p. 324), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3611), is hereby amended by adding a new Section after Section 3 thereof, to be designated Section 3A, to read as follows: Section 3A. Recall of commissioners. (a) Each member of the Board of Commissioners of Twiggs County shall be subject to recall after serving 25 percent of the term for which the member was elected upon petition in writing. The petition for the recall election shall be signed by not less than 30 percent of the registered voters of Twiggs County or, if the official is elected from a commissioner district, 30 percent of the registered voters of the commissioner district who are registered to vote on the date the notice required by this Section is given to the election superintendent of Twiggs County. (b) The persons sponsoring a recall petition shall be electors of Twiggs County or, if the petition is directed at recall of a commissioner elected from a commissioner district, residents of the commissioner district from which the commissioner sought to be recalled is elected. The recall petition shall be addressed to the election superintendent

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of Twiggs County, petitioning him to call for a special election to submit the question of whether the particular members of the board of commissioners shall be recalled. (c) Prior to obtaining any signatures on any recall petition, a blank copy of the proposed petition shall be submitted to the election superintendent of Twiggs County with a notice that a petition is to be circulated seeking signatures for a special election for the recall of the member of the board of commissioners. Each petition shall state the name of the person to be recalled and the reasons for the recall. Each petition shall contain sufficient space so that each elector who signs the petition shall enter immediately to the right of his signature his printed name, date, and address. Each petition shall contain the affidavit of the person who has obtained the signatures on the petition to the effect that to the best of his knowledge and belief all of the signatures appearing on the particular petition are valid signatures of electors of the political subdivision concerned. (d) The petition shall be submitted to the election superintendent of Twiggs County with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the election superintendent of Twiggs County. If the petition is not submitted within the 45-day time limit, it shall be void and of no force or effect. (e) Upon submission of the petition to the election superintendent of Twiggs County, it shall be the duty of the election superintendent to determine whether the petition bears the proper percentage of names and to determine the sufficiency of the petition. The determinations shall be made by the election superintendent within 15 days following the date on which the petition is submitted to the election superintendent. In the event he determines that the petition is in order, it shall be the duty of the election superintendent to issue the call for an election to the electors of the county or, if appropriate, commissioner district and the call shall be issued within 10 days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to publish the date and purpose of the recall election once a week for two weeks immediately preceding the date of the election in the official organ of the county in which the sheriff's advertisements appear.

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(f) The ballots used in a recall election shall state the name of the member of the board of commissioners whose recall has been petitioned, and shall designate the office involved. The ballot shall have written or printed thereon the following: `[] YES [] NO Shall (name of officeholder), (name of office) be recalled and removed from office?' Those persons desiring to vote in favor of recall shall vote `Yes', and those desiring to vote against recall shall vote `No'. (g) If a majority of those voting in a recall election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall, the member shall remain in office. (h) It shall be the duty of the election superintendent to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall, no new petition shall be presented to the election superintendent against that commissioner during the term for which he is elected. (i) Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this Section shall be eligible to fill the vacancy created by the recall. Section 2. Not less than 45 nor more than 90 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Twiggs County to issue the call for an election for the purpose of submitting this Act to the electors of Twiggs County for approval or rejection. The superintendent shall set the date of such election for August 8, 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 Twiggs County. The ballot shall have written or printed thereon the words:

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[] YES [] NO Shall the Act authorizing the recall of the members of the Board of Commissioners of Twiggs 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 Twiggs 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 1978 session of the General Assembly of Georgia, a bill to amend an Act to create a Board of Commissioners of Roads and Revenues for Twiggs County, approved July 27, 1923 (Ga. Laws 1923, p. 324), as amended, particulary by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3611), so as to authorize the recall of the members of the board of commissioners; to provide for petitions; to provide for the conduct of the recall elections; to provide for practices, procedures, and requirements in connection with the recall elections; to provide for the filling of vacancies; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This 9th day of January, 1978. /s/ Kenneth W. Birdsong Representative, 103rd District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Kenneth 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 organ of Twiggs County, on the following dates: January 11, 1978, January 18, 1978 and January 25, 1978. /s/ Kenneth Birdsong Representative, 103rd District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. PUTNAM COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 877 (Senate Bill No. 461). AN ACT To amend an Act creating a Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. Laws 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. Laws 1957, p. 2130) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 2880), so as to change certain compensation provisions relating to the chairman and the members of the board of commissioners; 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 creating a Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. Laws 1879, p. 334), as amended, particularly by an Act approved February 13, 1957 (Ga. Laws 1957, p. 2130) and an Act approved March 27, 1972 (Ga. Laws 1972, p. 2880), is hereby amended by striking from the first unnumbered paragraph of the 1957 amendatory Act the following: 10 cents, and substituting in lieu thereof the following: 15 cents, so that when so amended, said first unnumbered paragraph shall read as follows: Be it further enacted by the authority aforesaid, that the chairman of the Board of Commissioners of Putnam County shall receive a salary of $250.00 per month, during his term of office and until his successor is elected and qualified; and the other members of said Board shall receive a salary of $150.00 per month, during their terms of office and until their successors are elected and qualified. They shall receive no other compensation or per diem, except that the chairman and members of said Board shall receive $25.00 per diem subsistence for each day each is required by the duties of his office to be out of Putnam County on official business for the county by approval of a majority of the members of said Board; and in addition thereto, each member furnishing transportation out of the county on such official business shall receive 15 cents per mile travelled. The salaries and compensation herein provided shall be paid out of general funds in the treasury of said county. Said salaries and compensation shall be in lieu of any other salary, per diem or compensation which may have been fixed by any legislation prior to the passage 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.

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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 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners of Putnam County, approved September 8, 1879 (Ga. Laws, p. 334), as amended; and for other purposes. This 12th day of December, 1977. /s/ Culver Kidd /s/ Bobby Parham Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Eatonton Messenger which is the official organ of Putnam County, on the following dates: December 15, 22, and 29, 1977. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 12th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF MILLEDGEVILLECORPORATE LIMITS. No. 878 (Senate Bill No. 463). AN ACT To amend an Act creating a new Charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, particularly by an Act approved March 20, 1975 (Ga. Laws 1975, p. 2740), so as to de-annex and exclude from the city certain property; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new Charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended, particularly by an Act approved March 20, 1975 (Ga. Laws 1975, p. 2740), is hereby amended by adding at the end of Section 3 thereof the following: Any provision of this Section to the contrary notwithstanding, the following described property is hereby de-annexed and excluded from the corporate limits of the City: `ALL of that certain tract or parcel of land lying and being in Land Lot 297 of the First Land District and 318th G.M. District of Baldwin County, Georgia, the same containing 22.13 acres, more or less, and being more particularly described as follows: Commencing at an iron pin located at the intersection of the Northeasterly right-of-way line of the Central of Georgia Railroad and the Southeasterly property line of Roberson Road, thence in a Southeasterly direction along said railroad right-of-way line for an are distance of 184.54 feet to an iron pin (which are is subtended by a chord running South 34 degrees 15 minutes East a distance of 184.5 feet); thence continuing along said railroad right-of-way line South 32 degrees 43 minutes East for a distance of 883.4 feet to an iron pin, which marks the POINT OF BEGINNING; thence from said point of beginning running North 44 degrees 00 minutes East for a distance of 1,574.2 feet to an iron pin; thence South 38 degrees 02 minutes East for a distance of 608.8 feet to an iron pin, thence South 44

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degrees 06 minutes West for a distance of 1,631.5 feet to an iron pin which is located on the Southeast right-of-way line of said Central of Georgia Railroad; thence North 32 degrees 43 minutes West along the Southeasterly right-of-way line of said railroad for a distance of 616.5 feet to the POINT OF BEGINNING. PLAT REFERENCE. Said property is more particularly described as all of Tracts No. 2, 3, 4 and 5 shown on that plat made by Ogletree, Smith and Associates dated October 28, 1976, for Rheem Manufacturing Company, which plat is recorded in the office of the Clerk of the Superior Court of Baldwin County, Georgia, in Plat Book 1, page 134. Said plat is incorporated herein in aid 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 1978 Session of the General Assembly of Georgia, a bill to amend an Act establishing a new Charter for the City of Milledgeville, approved December 15, 1900 (Ga. Laws 1900, p. 345), as amended; and for other purposes. This 12th day of December, 1977. /s/ Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union recorder which is the official organ of Baldwin County, on the following dates: December 22, 1977, December 29, 1977 and January 5, 1978. /s/ Culver Kidd Senator, 25th District

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Sworn to and subscribed before me, this 11th day of January, 1979. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF BOSTONMAYOR AND ALDERMEN, TERMS OF OFFICE, ETC. No. 879 (Senate Bill No. 520). AN ACT To amend an Act creating a new charter for the City of Boston in the County of Thomas, approved August 2, 1921 (Ga. Laws 1921, p. 700), as amended, so as to provide for the election of the mayor, Post One alderman, and Post Two alderman in the year 1978, in the year 1980, and every four years thereafter; to provide for the election of Post Three alderman, Post Four alderman, and Post Five alderman in the year 1978 and every four years thereafter; to provide that the office of clerk and treasurer be filled by appointment; 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 Boston in the County of Thomas, approved August 2, 1921 (Ga. Laws 1921, p. 700), 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:

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Section 5. On the first Monday in December, 1978, there shall be elected a mayor, a Post One alderman, and a Post Two alderman, each of whose term of office shall be two (2) years, or until their respective successors are elected and qualified. On the first Monday in December, 1978, there shall be elected a Post Three alderman, a Post Four alderman, and a Post Five alderman, each of whose term of office shall be four (4) years, or until their respective successors are elected and qualified. On the first Monday in December, 1980, there shall be elected a mayor, a Post One alderman, and a Post Two alderman, each of whose term of office shall be four (4) years, or until their respective successors are elected and qualified. The citizens elected as aldermen shall be chosen to fill one of five (5) distinct and designated posts. There shall be five (5) consecutively numbered posts, to be filled, to wit: Post Number One, Two, Three, Four and Five. These posts shall be arbitrary designations and shall have no reference to political or geographical areas of the city. Each candidate shall, upon qualifying, indicate the post to which he seeks election. In order to be elected the candidate must receive a majority of the votes cast, and in the event of the failure of any candidate to receive a majority of the votes cast, then and in that event a new run-off election shall be called by the mayor and aldermen, to be held on the third Monday in December, the same being two weeks following the general election. At this election it shall be determined which of the two candidates receives the highest number of votes among the candidates seeking election to the same designated post, and the run-off election shall be between the two candidates receiving the highest number of votes. In the event a run-off election should result in a tie vote, a new election shall be called by the mayor and aldermen to determine which of these candidates shall be elected. In the event that no candidate for the office of mayor shall receive a simple majority, then there shall be held, on the third Monday in December, immediately following the general election, a run-off election between the two candidates receiving the highest number of votes for the office of mayor. In the event such run-off election shall result in a tie vote, a new election shall be called by the mayor and aldermen to determine which of the candidates shall be elected. This method of electing the mayor and aldermen shall apply to the 1978 elections and to each election held on the first Monday in December biennially thereafter, at which time there will be elected either a mayor, a Post One alderman, and a Post Two alderman, or a Post Three alderman, a Post Four alderman, and a Post Five alderman, to serve a term of

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four (4) years each, or until their respective successors are elected and qualified, in order to fill vacancies occurring by the expiration of terms; each officer so elected and qualified shall enter upon the duties of their respective offices on the second Monday in January following said election. At the regular meeting of the mayor and council, after the election and qualification of any of its members, they shall elect one of their number mayor pro tem, who shall in case of the absence or disability of the mayor from any cause, or in case of a vacancy in office, be clothed with all the powers and fulfill all the duties of the same, serving until the expiration of his term as alderman. In the event of the absence or disqualification of both mayor and mayor pro tem, the remaining members of council shall choosee one of their number to act for such time as may be necessary. In case the office of mayor or any one or more of said council shall become vacant, from any cause whatever, the remaining members of the council shall fill said vacancy for the unexpired term, by appointment. 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. At the regular meeting of the mayor and council, after the election and qualification of any of its members, the mayor and council shall appoint a clerk and treasurer, which offices shall be consolidated, who shall be a qualified voter, a resident of the city for twelve (12) months prior to his appointment, and who shall serve two (2) years, or until his successor is appointed and qualified, and who shall give bond in a sum to be prescribed by the mayor and council, approved by the mayor of said city. In case any vacancy occurs for any cause whatever, the mayor and council shall fill said vacancy for the unexpired term by appointment. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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City of Boston Charter Amended. An act to amend an Act creating a new charter for the City of Boston in the County of Thomas, approved August 2, 1921 (Ga. L. 1921, p. 700), as amended, so as to provide for the election the mayor and Post One and Post Two aldermen in the year 1978, in the year 1980 and every four years thereafter; to provide for the election of Post Three, Post Four, and Post Five aldermen in the year 1978 and every four years thereafter; to provide for the office of clerk to be filled by appointment; to repeal conflicting laws; and for other purposes. This 21st day of December, 1977. Mayor and Council of the City of Boston, Georgia. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Henry P. Russell, Jr., who, on oath, deposes and says that he is Senator from the 10th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Thomasville Times-Enterprise which is the official organ of Thomas County, on the following dates: December 23, 1977, December 30, 1977 and January 6, 1978. /s/ Henry P. Russell, Jr. Senator, 10th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF OCILLACORPORATE LIMITS. No. 880 (Senate Bill No. 540). AN ACT To amend an Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. Laws 1902, p. 525), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3802), so as to extend the corporate limits of the city; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Ocilla, approved December 18, 1902 (Ga. Laws 1902, p. 525), as amended, particularly by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3802), is hereby amended by adding a new Section after Section 2C thereof, to be designated Section 2D, to read as follows: Section 2D. In addition to the present corporate limits, the corporate limits of the City of Ocilla shall embrace the following tracts and parcels of property: TRACT ONE: PARCEL A: A strip of land being 60 feet in width in Land Lot No. 51 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the South City Limits line of the City of Ocilla interesects the East right-of-way line of Oak Street and run thence South 2 degrees 12 minutes West 1737.22 feet to the center line of Lax Road; thence run North 87 degrees 20 minutes West 60 feet to a point; thence run North 2 degrees 21 minutes East 1737.22 feet to the said South City Limits line of said City; thence run East 60 feet to the point of beginning. PARCEL B: A strip of land being 100 feet in width in Land Lot No. 51 and 52 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the East City Limits line of the City of Ocilla intersects the North right-of-way line of Lax Road and run South 87 degrees 25 minutes East 1580.70 feet to a point; thence run South 87 degrees 20 minutes East 212.72 feet to

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a point; thence run the following courses and distances, measured for survey along the center line of said Lax Road to-wit: South 87 degrees 20 minutes East 1447.06 feet; thence 1034.16 feet along center line of curve to a point; thence South 35 degrees 20 minutes East 2878.97 feet to a point being the new City Limits line; thence run Southwesterly 100 feet to the Southwesterly right-of-way line of said Lax Road; thence run North 35 degrees 20 minutes West 2878.97 feet; thence run 1034.16 feet along center line of curve; thence run North 87 degrees 20 minutes West 1447.06 feet to a point; thence North 87 degrees 20 minutes West 212.72 feet to a point; thence North 87 degrees 25 minutes West 1580.70 feet to the said East old City Limits line of Ocilla; thence run North 100 feet to the point of beginning. PARCEL C: A strip of land 100 feet in width in Land Lot No. 51 and 88 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the Westerly right-of-way line of Brushy Creek Church Road intersects the South right-of-way line of Lax Road and run South 9 degrees 15 minutes East 4494.39 feet to a point; thence run South 630.07 feet to a point being the new South City Limits line of said City of Ocilla; thence run Westerly 100 feet to the West right-of-way line of said Brushy Creek Church Road; thence run North 630.07 feet along the West right-of-way line of said Brushy Creek Church Road to a point; thence run North 9 degrees 15 minutes West 4494.39 feet to a point where the South line of Brushy Creek Church Road intersects the South right-of-way of Lax Road; thence run East 100 feet to the point of beginning. All of said three above parcels (A, B, and C) are as shown on that certain plat of survey by Carlton Evans, Registered Land Surveyor, dated 3-3-1977, and of record in the office of the Clerk of said City of Ocilla. TRACT TWO: PARCEL A: A strip or parcel of land in Land Lot Numbers 50, 51 and 89 all in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the old South City Limits line of the City of Ocilla intersects the Eastern right-of-way line of U. S. Highway No. 129 and run thence along said right-of-way the following courses and distances, measured by survey, along

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the center line of said highway, to-wit: South 2 degrees 34 minutes West 414.2 feet to a point; East 20 feet to a point; thence run South 2 degrees 34 minutes West 224.24 feet; thence Southernly 1354.22 feet; thence South 19 degrees 29 minutes West 588.12 feet; thence Southernly 1872.51 feet; thence South 0 degrees 44 minutes West 2886.82 feet to a point; thence run West 100 feet to the Western right-of-way line of U. S. Highway 129; thence run along said right-of-way line North 0 degrees 44 minutes East 2886.82 feet; thence run Northernly 1872.51 feet; thence run North 19 degrees 29 minutes East 588.12 feet; thence Northernly 1354.22 feet; thence North 2 degrees 34 minutes East 224.24 feet; thence run Easterly 20 feet to a point; thence run North 2 degrees 34 minutes East 414.2 feet to the point where the Westerly right-of-way line intersects the old Southern City Limits line of the City of Ocilla; thence run East 60 feet to the point of beginning. The land herein described is the right-of-way lands only in said U. S. Highway No. 129 South. PARCEL B: A strip of land in Land Lot Numbers 50 and 51 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the Western City Limits line of the City of Ocilla intersects the Southern right-of-way line of the Five Bridges Road and run thence along the said right-of-way line the following courses and distances: North 87 degrees 27 minutes West 853.08 feet; thence run Southernly 20 feet; thence run along the Southern right-of-way line 1692.98 feet; thence South 42 degrees 13 minutes West 2566.73 feet to a point; thence run Northwesterly 100 feet to a point on the Northern right-of-way line of said Five Bridges Road; thence run the following courses and distances along the said Northern right-of-way line of said Five Bridges Road, to-wit: North 42 degrees 13 minutes East 2566.73 feet; thence 1692.98 feet to a point; thence run Southernly 20 feet to a point; thence run South 87 degrees 27 minutes East 853.08 feet to a point; thence run Southernly 60 feet to the point of beginning. The land herein described is the right-of-way lands only in said Five Bridges Road. All of the herein above described lands all as shown on that certain plat of survey by Carlton Evans, Registered Land Surveyor, dated 3-4-1977 and is on file in the office of the City Clerk of the City of Ocilla, Irwin County, Georgia. TRACT THREE :

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PARCEL A: A strip of land being 50 feet in width in Land Lot No. 43 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the North right-of-way line of 8th Street Extended intersects the East right-of-way line of Old Fitzgerald Road and run thence South 86 degrees 22 minutes East 1830.06 feet along the said North right-of-way line of said 8th Street Extended to the point where the same intersects the West right-of-way line of Alder Street, in the City of Ocilla; thence run South 50 feet to the South right-of-way line of said 8th Street Extended; thence run North 86 degrees 22 minutes West 1830.06 feet along the said South right-of-way line of said 8th Street Extended to the point where the same intersects the East right-of-way line of said Old Fitzgerald Road; thence run North 50 feet to the point of beginning. The land herein described is the right-of-way lands only in said 8th Street Extended. PARCEL B: A strip of land being 50 feet in width in Land Lot No. 4 and 5 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the South right-of-way line of Cargile Road intersects the West right-of-way line of U. S. Highway No. 129 and run thence North 85 degrees 52 minutes West 2693.44 feet along the said South right-of-way line of said Cargile Road to the point where the same intersects the East right-of-way line of Old Fitzgerald Road; thence run North 50 feet to the North right-of-way line of said Cargile Road; thence run South 85 degrees 52 minutes East 2693.44 feet along the said North right-of-way line of said Cargile Road to the point where the same intersects the West right-of-way line of U. S. Highway No. 129; thence run South 50 feet to the point of beginning. The land herein described is the right-of-way lands only in said Cargile Road. PARCEL C: A strip of land being 80 feet in width in Land Lot Numbers 4 and 43 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the West right-of-way line of Old Fitzgerald Road intersects the North old city limits line of the City of Ocilla and run thence the following courses and distances along the said West right-of-way line of said Old Fitzgerald Road to-wit: North 3 degrees 49 minutes East 2894.36 feet; thence run 933.93 feet to a point; thence run North 33 degrees 37 minutes West 1024.05 feet to a point; thence run Northeasterly 80 feet to a point on the East right-of-way line of said Old Fitzgerald road; thence run the following courses and distances

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along the said East right-of-way line of said Old Fitzgerald Road, to-wit: South 33 degrees 37 minutes East 1024.05 feet to a point; thence run 933.93 feet to a point; thence run South 3 degrees 49 minutes West 2894.36 feet to the point where the said East right-of-way line of said Old Fitzgerald Road intersects the North Old City Limits line of the City of Ocilla; thence run Westerly 80 feet to the point of beginning. The land herein described is the right-of-way lands only in said Old Fitzgerald Road. All of said three above parcels (A, B, C) as shown on that certain plat of survey by Carlton Evans, Registered Land Surveyor, dated 3-3-1977, and is on File in the office of the City Clerk of the City of Ocilla, Irwin County, Georgia. TRACT FOUR : PARCEL A: A strip of land being 114.36 feet in width in Land Lots Numbers 43, 44 and 49 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the Southern right-of-way line of Highway No. 319 intersects the Western city limits line of the City of Ocilla thence run along the said Southern right-of-way of said Highway No. 319 South 58 degrees 05 minutes West 5423.90 feet to a point; thence run Northwesterly 114.36 feet to a point on the Northern right-of-way line of said Highway No. 319; thence run along the said Northern right-of-way line of said Highway No. 319 North 58 degrees 05 minutes East 5423.90 feet to a point where the said right-of-way line intersects the old Western city limits line of Ocilla; thence run South 1 degree 25 minutes West 114.36 feet to the point of beginning. The land herein described is the right-of-way lands only in said Highway No. 319. PARCEL B: A strip of land being 100 feet in width in Land Lot Numbers 43, 44 and 45 in the 5th Land District of Irwin County, Georgia, described as BEGINNING at the point where the Southern right-of-way line of Highway No. 32 intersects the Western city limits line of the City of Ocilla; thence run the following courses and distances along the said Southern right-of-way line of said Highway No. 32: North 88 degrees 38 minutes West 2307.35 feet; thence Westerly 2595.76 feet; thence North 63 degrees 00 minutes West 1813.02 feet to a point; thence run North 27 degrees East 100 feet to a point on the Northern right-of-way line of said Highway No.

Page 3423

32; thence run the following courses and distances along the said Northern right-of-way line of said Highway No. 32 South 63 degrees 00 minutes East 1813.02 feet; thence Easterly 2551.01 feet; thence South 88 degrees 38 minutes East 2307.71 feet; thence South 1 degree 34 minutes West 100.01 feet to the point of beginning. The land herein described is the right-of-way lands only in said Highway No. 32. All of said above two parcels (A and B) as shown on that certain plat of survey by Carlton Evans, Registered Land Surveyor, dated 3-2-1977, and is on file in the office of the City Clerk of the City of Ocilla, Irwin County, Georgia. TRACT FIVE : A strip of land being 60 feet in width in Land Lot Numbers 41 and 42 in the 5th Land District of Irwin County, Georgia, described as follows: BEGINNING at the point where the old Eastern city limits line of Ocilla intersects the Northern right-of-way line of Georgia Highway Number 32 and run thence along said right-of-way line the following courses and distances, measured and allocated by survey, to the center line of the said road, to-wit: South 68 degrees 00 minutes East 475.43 feet; thence South 89 degrees 57 minutes East 3717.55 feet to a point; thence run South a distance of 60 feet, more or less, to the Southern right-of-way line of said highway; thence run along the said Southern right-of-way line the following courses and distances, measured and allocated by survey, to the center line of the said road, to-wit: North 89 degrees 57 minutes West 3717.55 feet; thence North 68 degrees 00 minutes West 475.43 feet to the point where the old Eastern city limits line of the City of Ocilla intersects the Southern right-of-way line of said Georgia Highway No. 32; thence run North along the said old city limits line of said City a distance of 60 feet to the point of beginning. The land herein described is the right-of-way lands only in said Georgia Highway No. 32 all as shown by plat of survey by Carlton Evans, Registered Land Surveyor, dated 3-5-77 and is on file in the office of the City Clerk of the City of Ocilla, Irwin County, Georgia. TRACT SIX :

Page 3424

A strip or parcel of land being 80 feet in width in Land Lot Number 6 in the 5th Land District of Irwin County, Georgia, described as follows: BEGINNING at the point where the old city limits line intersects the Northeastern right-of-way line of the Ocilla-Frank Paved Road and run thence along said right-of-way line the following courses and distances, measured and allocated by survey, to the center of the said road, to-wit: North 34 degrees 28 minutes East 1561.13 feet; thence along the center line of curve 882.81 feet; thence North 55 degrees 47 minutes East 2957.39 feet to a corner; thence run Southeasterly a distance of 80 feet to the Eastern right-of-way line of the said Ocilla-Frank Road to a corner; thence run along said Eastern right-of-way line the following courses and distances, measured and allocated by survey, to the center of the said road, to-wit: South 55 degrees 47 minutes West 2957.39 feet; thence along the center line of curve 882.81 feet; thence South 34 degrees 28 minutes West 1561.13 feet to a corner; thence Northwesterly 80 feet to the point of beginning. The land herein described is the right-of-way lands only in said Ocilla-Frank Road. All as shown by plat of survey by Carlton Evans, Registered Land Surveyor, dated 4-20-1977 and is on file in the office of the City Clerk of the City of Ocilla, Irwin County, Georgia. TRACT SEVEN : Parcel A: A strip of land in Land Lot No. 307 in the 4th Land District of Irwin County, Georgia, and being described as BEGINNING at the point where the center of Frank Church Road intersects the Western right-of-way line of U. S. Highway 129 North and run thence along the Western right-of-way line of said U. S. Highway 129 North 7 degrees 28 minutes East 680.11 feet; thence North along a curve 536.58 feet; thence North 20 degrees 12 minutes East 1748.81 feet to a point; thence run Southeasterly 100 feet to the Eastern right-of-way line of said U. S. Highway No. 129; thence run along the Eastern right-of-way line of said U. S. Highway No. 129 South 20 degrees 12 minutes West 1748.81 feet; thence Southeasternly along a curve 536.58 feet; thence South 7 degrees 28 minutes West 680.11 feet to the center line of said Frank Church Road; thence run Westerly 100 feet to the point of beginning. The property herein described is only the land within the right-of-way of said U. S. Highway Number 129 North. All as shown on that certain Plat of Survey by Carlton Evans, Registered Surveyor, dated 3-5-1977, and being on file in the office of the City Clerk of the City of

Page 3425

Ocilla, Irwin County, Georgia, and being designated as Parcel A on said Plat. Section 2. All laws and parts of laws 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 1978 session of the Georgia General Assembly a bill to extend the city limits of the City of Ocilla along certain highways leading into and out of the city; and for other purposes. This 4th day of January, 1977. /s/ Jim Wilkinson, Mayor City of Ocilla Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James L. Paulk, who, on oath, deposes and says that he is Senator from the 13th 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 12, 1978, January 19, 1978 and January 26, 1978. /s/ James L. Paulk Senator, 13th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3426

TOWN OF TOOMSBOROCONSUMPTION OF ALCOHOLIC BEVERAGES ON PUBLIC STREETS, ETC. No. 881 (Senate Bill No. 541). AN ACT To amend an Act incorporating the Town of Toomsboro, approved August 15, 1904 (Ga. Laws 1904, p. 674), as amended, so as to prohibit the consumption of any spirituous malt or alcoholic beverage in or upon any street, alley, sidewalk or other public way or place in the town, within any public building, or while occupying any automobile which is parked on any public street, alley or other public place; 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 Toomsboro, approved August 15, 1904 (Ga. Laws 1904, p. 674), as amended, is hereby amended by adding, following Section 9, a new Section 9A, to read as follows: Section 9A. It shall be unlawful for any person to consume any spirituous malt or alcoholic beverage in or upon any street, alley, sidewalk, or other public way or place in the town, within any public building, or while occupying any automobile which is parked or any public street, alley or other public place within the town limits of Toomsboro. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly, a bill to amend an Act incorporating the Town of Toomsboro, approved August 15, 1904 (Ga. Laws 1904, p. 674), as amended, and for other purposes. This 22nd day of November, 1977. /s/ Culver Kidd Senator, 25th District

Page 3427

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Wilkinson County News which is the official organ of Wilkinson County, on the following dates: December 22, 1977, December 29, 1977 and January 5, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. RABUN COUNTYCOUNTY SCHOOL SUPERINTENDENT, REFERENDUM. No. 882 (Senate Bill No. 549). AN ACT To provide for the appointment of the County School Superintendent of Rabun County by the Board of Education of Rabun 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.

Page 3428

Be it enacted by the General Assembly of Georgia: Section 1. Effective January 1, 1981, the County School Superintendent of Rabun County shall be appointed by the Board of Education of Rabun County to serve at the pleasure of said Board of Education. No election for Rabun County School Superintendent shall be held in 1980 or thereafter. The Rabun County School Superintendent appointed by the Board of Education of Rabun County shall be subject to all constitutional and statutory provisions of law relative to county school superintendents not in conflict with this Act. Section 2. It shall be the duty of the election superintendent of Rabun County to issue the call for an election for the purpose of submitting this Act to the electors of the Rabun County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 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 Rabun County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the appointment of the Rabun County School Superintendent by the Board of Education of Rabun 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 and if the Act providing for the election of the members of the Board of Education of Rabun County is also approved, as provided by Section 3 of this Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Rabun County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State.

Page 3429

Section 3. In addition to the approval of this Act at the referendum as provided by Section 2 of this Act, it shall also be necessary that the Act providing for the election of the members of the Rabun County Board of Education be approved at the referendum held on the same date as the general election of 1978, in order for this Act to become effective. If said Act is disapproved at said referendum, then this Act shall be void and of no force and effect, notwithstanding the outcome of the referendum provided for by Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to provide for the appointment of the County School Superintendent of Rabun County by the Board of Education of Rabun County; to provide for a referendum and other conditions for the effectiveness of said bill; and for other purposes. This 3rd day of January, 1978. /s/ John C. Foster Senator, 50th District /s/ Carlton Colwell State Representative, 4th District, Post 1 /s/ Ralph Twiggs State Representative, 4th District, Post 2 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 Clayton Tribune which is the official organ of Clayton County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ John C. Foster Senator, 50th District

Page 3430

Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. RABUN COUNTYELECTION OF MEMBERS OF BOARD OF EDUCATION, REFERENDUM. No. 883 (Senate Bill No. 550). AN ACT To provide for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District; to provide for the method of electing said members; to provide for filling vacancies on said Board; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . The Board of Education of Rabun County shall be composed of five citizens of said County elected by the qualified electors of said County as hereinafter provided. Section 2 . (a) For the purpose of electing the members of said Board, Rabun County shall be divided into five Education Districts as follows:

Page 3431

Education District 1 shall consist of the following portion of Rabun County: Clayton CCD 5 ED's 5 and 6 Education District 2 shall consist of the following portion of Rabun County: Clayton CCD 5 ED 7 Tiger CCD 10 ED 11, that portion thereof lying Northeast of the line separating Georgia Militia District 597 from Georgia Militia District 436. Education District 3 shall consist of the following portion of Rabun County: Tiger CCD 10 ED's 9 and 10 ED 11, except that portion thereof within Education District 2. Education District 4 shall consist of the following portion of Rabun County: Clayton CCD 5 ED 8 Valley CCD 15 ED 2 Education District 5 shall consist of the following portion of Rabun County: Valley CCD 15 ED's 1, 3 and 4. (b) As used in subsection (a) of this Section, the term CCD and the term ED means Census County Division and Enumeration District, respectively, and such terms shall have the same meaning and describe the same geographical boundaries as provided in the U. S. Department of Commerce, Bureau of the Census of 1970 for the State of Georgia, County of Rabun. Any portion of Rabun County not included in Education Districts 1 through 5 described

Page 3432

above shall be included within that Education District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970. (c) There shall be one member of the Board of Education of Rabun County from each Education District provided for in subsection (a) of this Section. Each member of said Board of Education shall have been a resident of his respective Education District for at least one year prior to the date of his election and shall remain a resident of such District during his term of office as a member of the Board. Each person offering as a candidate for membership on the Board shall specify the Education District for which he is offering. Each member of the Board shall be elected by a majority vote of the qualified electors of the entire County of Rabun voting at the elections provided for hereinafter. All members of the Board shall be nominated and elected in accordance with the provisions of Georgia Code Title 34, known as the Georgia Election Code as now or hereafter amended. Section 3. The first members of the Board of Education of Rabun County provided for herein shall be elected at the general election of 1980. At said election, the members of the Board from Education Districts 1, 3 and 5 shall be elected for terms of four years beginning on January 1, 1981, and the members of the Board from Education Districts 2 and 4 shall be elected for initial terms of two years beginning on January 1, 1981. 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 of the Board shall serve until their successors are elected and qualified. Section 4. In the event of a vacancy on the Board of Education by death, resignation, removal from the Education District or for any other reason, the remaining members of the Board shall elect a qualified resident of the Education District wherein the vacancy occurred to serve for the unexpired term. Section 5. Effective January 1, 1981, the heretofore existing Board of Education of Rabun County appointed by the grand jury of Rabun County shall stand abolished, and the Board of Education created by this Act shall be the successor to such abolished Board.

Page 3433

The Board of Education created by this Act and the members thereof shall have all the rights, powers, duties and responsibilities of other county boards of education and the members thereof as provided by the laws of this State. Section 6. It shall be the duty of the election superintendent of Rabun County to issue the call for an election for the purpose of submitting this Act to the electors of the Rabun County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 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 Rabun 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 Rabun County by the qualified electors of the Rabun County School District be approved? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, as provided in Section 7 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Rabun County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 7. If this Act is approved at the referendum election provided for in Section 6, then: (a) This Act shall be effective for the purpose of the elections of 1980 upon the certification of the results of such referendum election; and

Page 3434

(b) This Act shall be effective for all purposes on January 1, 1981. 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 1978 session of the General Assembly of Georgia, a bill to provide for an elective board of education of Rabun County; to provide for matters relative thereto; to provide for a referendum; and for other purposes. /s/ John C. Foster Senator, 50th District /s/ Carlton Colwell State Representative, 4th District, Post 1 /s/ Ralph Twiggs State Representative, 4th District, Post 2 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 Clayton Tribune which is the official organ of Clayton County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ John C. Foster Senator, 50th District Sworn to and subscribed before me, this 2nd day of February, 1978.

Page 3435

/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HANCOCK COUNTYJURISDICTION OF SMALL CLAIMS COURT. No. 884 (Senate Bill No. 595). AN ACT To amend an Act creating and establishing a Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), so as to change the provisions relating to 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 and establishing a Small Claims Court of Hancock County, approved March 24, 1976 (Ga. Laws 1976, p. 3263), is hereby amended by striking from Section 1 the following: $1,500.00, and inserting in lieu thereof the following: $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 of Hancock County, which court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $2,500.00, said jurisdiction to be concurrent with the jurisdiction of any other court or courts now or

Page 3436

hereafter established in said county. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, all the powers granted to justices of the peace by laws of the State of Georgia. Section 2. All laws and parts of laws in convlict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 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. Laws 1976, p. 3263), as amended and for other purposes. This 16th day of January, 1978. /s/ Culver Kidd Senator, 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sparta Ishmaelite which is the official organ of Hancock County, on the following dates: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 9th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3437

GWINNETT COUNTYRECORDER'S COURT. No. 885 (Senator Bill No. 618). AN ACT To amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), so as to remove therefrom the provisions as to a marshal of said court; to provide for the attendance at said court of the sheriff or his lawful deputies; to define his duties; to change the limit of punishments that may be imposed; to change the jurisdiction of the court; to change the place of holding said court; to change the provisions thereof as to payments to the Clerk's Retirement Fund; to increase the costs in said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. Laws 1972, p. 3125), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3780), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof the following: Section 10. The Sheriff of Gwinnett County or his lawful deputy shall attend personally every session of said court and shall execute all warrants, subpoenas, summons, executions and all other orders of said court. Section 2. Said Act, as amended, is further amended by striking from the short title of Section 11 the following: and Marshal,

Page 3438

and by striking from the first sentence thereof the following: marshal and, so that when so amended, said Section shall read as follows: Section 11. Oath of Judge and Clerk. The judge, clerk and deputy clerks of said recorder's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of Gwinnett County. Section 3 . Said Act, as amended, is further amended by striking from the first sentence of Section 12 the word in and inserting in lieu thereof the word at, so that when so amended, Section 12 shall read as follows: Section 12. Terms and Place of Holding Recorder's Court. Said recorder's court shall be held at the county courthouse and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each week, and at such hour or hours of the day or evening as shall be fixed by the judge, with at least one such weekly session to be held on a weekday evening between the hours of 5 o'clock p.m. and 8 o'clock p.m. Section 4 . Said Act, as amended, is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14, to read as follows: Section 14. Fines and Punishment. Upon conviction of violation of any of the traffic laws as stated, the judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the traffic laws or by imprisonment in the county jail or public works camp or to work on such public works as the county authorities may employ, or by any one or more of such punishments as may be provided by law. Upon conviction of violation of any ordinance of Gwinnett County, the judge may impose a fine not to exceed $200.00; by imprisonment for not to exceed 60 days; or by such fine or period of imprisonment as may be provided in any such ordinance, any one or both in the discretion of the court.

Page 3439

The judge of the recorder's court shall have the authority to place any person found guilty of a violation of a traffic law or an ordinance of Gwinnett County upon probation and to suspend or modify any sentence. In addition to any such punishment, the court may require attendance at safety education schools and other training and educational programs. Section 5 . Said Act, as amended, is further amended by striking Section 21 in its entirety and inserting in lieu thereof a new Section 21, to read as follows: Section 21. Costs. In each case of conviction in said recorder's court, the costs assessable shall be fourteen dollars and fifty cents, plus fifty cents per case for the Gwinnett County Library Fund. All costs so collected shall be paid into the general fund of Gwinnett County for general county purposes. The library fund shall be paid to the Gwinnett County Law Library. Defendants unable to pay fines and costs may be required to work at the public works of Gwinnett County. Section 6 . Said Act, as amended, is further amended by striking from Section 22 the symbol and word ,clerk's so that when so amended, said Section shall read as follows: Section 22. Peace Officer's Annuity and Benefit Fund. All fines and forfeitures collected in said recorder's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officer's Annuity and Benefit Fund and Sheriff's Retirement Fund of Georgia as in cases tried in municipal and State courts of this State. Section 7 . Said Act, as amended, is further amended by striking from the second sentence of Section 26 thereof the following: marshal or deputy-marshal, and inserting in lieu thereof the following: sheriff or deputy sheriff, so that when so amended, said Section shall read as follows:

Page 3440

Section 26. Punishment for Contempt in Failing to Answer Summons or Subpoena. Said court shall have power to punish as for contempt of court any person failing or refusing to obey any summons or subpoena served upon him as provided in the preceding Sections, within the limits hereinbefore prescribed for punishment for contempt. The case may be continued to such time as the judge may direct and the court shall issue an order requiring the sheriff or deputy sheriff to arrest the offender and bring him before the court to answer the contempt and it shall be the duty of such officer to arrest such person and to keep such person in custody until he is brought before the court unless he gives bond for his appearance at the time appointed for further hearing, 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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 General Assembly a bill to amend an act creating the Recorders Court of Gwinnett County, approved March 27, 1972, (Ga. Laws 1972, p. 3125), so as to change the limit of punishments that may be imposed; to change the personnel of the court and their compensation; to change the jurisdiction of the court; to delete the provisions for a marshal of said court; to change the punishments for violations before the court; to change the provisions as to the clerk of said court; to change the requirement of holding the court in the county courthouse; to change the provisions for an Acting Recorder, and for other purposes. This 10th day of January, 1978. /s/ James Henderson County Attorney, Gwinnett County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Steve Reynolds, who, on oath, deposes and says that he is Senator from the 48th District, and that the attached copy of Notice of Intention to Introduce Local Legislation

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was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 20, 27 and February 3, 1978. /s/ Steve Reynolds Senator, 48th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. STATE COURT OF SPALDING COUNTYTERMS. No. 886 (Senate Bill No. 623). AN ACT To amend an Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, so as to change the dates of the terms of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing the State Court of Spalding County (formerly known as the City Court of Griffin), approved December 14, 1897 (Ga. Laws 1897, p. 462), as amended, is hereby

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amended by striking Section 17 in its entirety and substituting in lieu thereof a new Section 17 to read as follows: Section 17. The regular terms of the State Court of Spalding County shall be held quarterly, beginning on the first Monday in March and December of each year, on the third Monday of May of each year, and on the first Tuesday of September of each year. Adjourned and special terms of court may be called as needed by the judge of said court. 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 1978 Session of the General Assembly of Georgia a bill to change the dates of the terms of the State Court of Spalding County; to repeal conflicting laws and for other purposes. This the 29th day of December, 1977. /s/ Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Virginia Shapard, who, on oath, deposes and says that she is Senator from the 28th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Griffin Daily News which is the official organ of Spalding County, on the following dates: December 31, 1977, January 7, 1978 and January 14, 1978. /s/ Virginia Shapard Senator, 28th District

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Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981 (Seal). Approved March 13, 1978. FAYETTE COUNTYCOMPENSATION OF SHERIFF. No. 887 (Senate Bill No. 634). AN ACT To amend an Act abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2585), as amended, so as to change the compensation of said sheriff; to provide for longevity increases; 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 abolishing the fee system of compensation for the Sheriff of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2585), 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 Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Sheriff of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from

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the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the sheriff shall be increased by 5% of the salary of the sheriff received during the immediately preceding calendar year; provided that if the sheriff receives any annual or periodic increase in compensation under the provision of any general law of this State an amount equal to the amount received under such general law as an annual or periodic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the sheriff under the provisions of this Section. The provisions of this Section shall not be construed as prohibiting the sheriff from receiving any annual or periodic increase authorized by any general law of this State. In addition to such salary, the sheriff shall also receive from county funds for each prisoner confined in the county jail, not less than $1.25 per day to feed said prisoners. Section 2. This Act shall become effective on May 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to change the compensation of the Sheriff of Fayette County, to repeal conflicting laws and for other purposes. PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News

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Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved May 13, 1978. TELFAIR COUNTYREFERENDUMS. No. 888 (Senate Bill No. 627). AN ACT To authorize and direct the Election Superintendent of Telfair County to hold an election for the purpose of submitting to the voters of Telfair County certain options relative to the election or appointment of the board of education and the election or appointment of the county school superintendent; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. It shall be the duty of the Election Superintendent of Telfair County to issue the call for an election for the purpose of submitting to the voters of Telfair County for approval or rejection certain proposals relative to the election or appointment of the board of education and the election or appointment of the county school superintendent as hereinafter provided. The election superintendent shall set the date of such election for November 7, 1978. The call for such election shall be issued not less than 30 days nor

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more than 45 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 Telfair County. The ballot shall be so prepared that the voters shall have an opportunity to vote for one of the three following proposals: () Proposal No. 1: Shall legislation be enacted to provide for the election of the Board of Education of Telfair County by the voters of Telfair County and to provide for the election of the county school superintendent as provided by law? () Proposal No. 2: Shall legislation be enacted to provide for the election of the Board of Education of Telfair County by the voters of Telfair County and to provide for the appointment of the county school superintendent by the elected board of education? () Proposal No. 3: Shall legislation be enacted to provide for the appointment of the Board of Education of Telfair County by the grand jury as provided by law and to provide for the election of the county school superintendent as provided by law? No voter shall vote for more than one of the above three proposals. The expense of such election shall be borne by Telfair County. It shall be the duty of the election superintendent to hold and conduct such election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the election superintendent to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1978 session of the General Assembly of Georgia, a bill to direct the holding of an election on the question of establishing an elective Board of Education of Telfair County; and for other purposes. This 16th day of January, 1978. /s/ Ronnie Walker Senator, 19th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, James Ronald Walker, who, on oath, deposes and says that he is Senator from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lumber City Log which is the official organ of Telfair County, on the following dates: January 25, 1978, February 7, 1978 and February 14, 1978. /s/ James Ronald Walker Senator, 19th District Sworn to and subscribed before me, this 19th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TOWN OF PORTERDALENEW CHARTER. No. 889 (House Bill No. 1686). AN ACT To provide a new charter for the Town of Porterdale in the County of Newton; 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 specific Acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: CHARTER OF TOWN OF PORTERDALE ARTICLE I Section 1.10. Town of Porterdale. This city and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of Porterdale, Georgia, and by that name shall have perpetual succession. The term city is used in this document only to be descriptive. The official name is the Town of Porterdale. This Act shall constitute the whole charter of the Town of Porterdale, repealing and replacing the former charter of said town. 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 clerk and to be designated, as the case may be, Official Map (or description) of the Corporate Limits of the Town of Porterdale, Georgia. Photographic, typed or other copies of such map or description certified by the clerk shall be admitted as evidence in all courts and shall have the same force and effect as with the original map or description.

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(b) The city council may provide for the redrawing of any such map 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. 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. Examples of Powers. The corporate powers of this city may include, but are not 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 support of the government of the city, to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia and to provide for the payment of expenses of the city. (5) 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.

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(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 or under other applicable Public Acts as are or may be enacted. (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; and 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 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 valid regulations by the 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,

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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 or other applicable Public Acts as are or may be enacted. (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; to regulate all housing and building and building trades; and 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 regulations: to regulate or prohibit junk dealers, pawn shops, the manufacture or sale or transportation of intoxicating liquors, and 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 or peddlers and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever by taxation or otherwise; and to license, tax, regulate or prohibit professional fortunetelling, palmistry, adult bookstores and massage parlors.

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(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 is or may 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.

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(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; 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; 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. (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 and operate 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 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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(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; 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 1.14. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. ARTICLE II 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 five (5) council members. The mayor and council members shall be elected in the manner provided by Article V of this charter. Section 2.11. City Council Terms and Qualifications for Office. The members of the city 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 as a member of the city council unless he is a resident of the Town of Porterdale, and each shall continue to reside therein 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) The office of mayor or of council member shall become vacant upon the incumbent's

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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) A vacancy in the office of mayor or of 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 any 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 2.14. Holding Other Office; Voting When Personally Interested. (a) 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: (1) engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his official duties or which would tend to impair his independence of judgment or action in the performance of his official duties; (2) engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his official duties or would tend to impair the independence of his judgment or action in the performance of his official duties; (3) disclose confidential information concerning the property, government or affairs of the governmental body by which he is engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or others; (4) accept any valuable gift, whether in the form of 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 engaged; provided, however,

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that an elected official who is a candidate for public office may accept campaign contributions and services in connection with any such campaign; (5) represent other private interests in any action or proceeding against this city or any portion of its government; (6) 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. (b) 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 city council. The mayor or any council member who has a private interest in any matter pending before the city council shall disclose such private interest; and such disclosure shall be entered on the records of the city 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 entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 city council or the governing body of such agency or entity. (d) Contracts voidable and rescindable. Any violation of this Section 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 the city council. (e) 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 said government or any agency thereof during the

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term for which he was elected. No former mayor and no former council member shall hold any compensated appointive office in the city until one (1) year after the expiration of the term for which he was elected. (f) Political activities of certain officers and employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this Section shall be guilty of malfeasance in office or position and shall be deemed to have forfeited his office or position. (2) Any officer or employee of the city who shall forfeit his office or position as described in (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three (3) years thereafter. Section 2.15. 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 by ordinance. Section 2.16. General Power and Authority of the City Council. Except as otherwise provided in this charter, the city council shall be vested with all the powers of government of this city as provided in Article I. Section 2.17. Organization Meeting. The city council shall meet for organization on the first (1st) Monday of each year. The meeting shall be called to order by the city clerk and the oath of office shall be administered to the newer, 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

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the Constitutions and laws of the State of Georgia and of the United States of America. Section 2.18. 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 four (4) members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least forty-eight (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) All meetings of the city 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 five (5) days prior to such meetings. Section 2.19. Rules of Procedure. The city 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 2.20. Quorum; Voting. Four (4) 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 2.21. 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

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not expressed in its title. The enacting clause shall be The Council of the Town of Porterdale 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 2.23. Upon introduction of any ordinance, the clerk shall as soon as possible 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 city council may designate. Section 2.22. 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. Section 2.23. Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene on call of the mayor or four (4) 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 (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 (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 thirty (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.

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Section 2.24. 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 2.21(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 2.25. Section 2.25. Signing; Authenticating; Recording; Codification; Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (b) The 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 Town of Porterdale, 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.

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Section 2.26. Selection of Mayor Pro Tem. The city council shall elect by a majority of all council members from among its members a mayor pro tem who shall serve at the pleasure of the city council. He shall continue to vote and otherwise participate as a council member. Section 2.27. 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 (1) of the council members chosen by the city 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. Any such absence or disability shall be declared by vote of all council members. Section 2.28. 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 2.29. Election of Mayor; Forfeiture; Compensation. The mayor shall be elected and serve a term of two (2) 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. The compensation of the mayor shall be established in the same manner as for council members. Section 2.30. 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 except as otherwise provided in this charter; (c) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities;

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(d) prepare and submit to the city council a recommended annual operating budget and recommended capital budget; (e) submit to the city 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 city council may require; (f) recommend to the city 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 city council as provided for in Section 2.18(b); (h) approve or disapprove ordinances as provided in Section 2.32; (i) examine and audit all accounts of the city; (j) require any department or agency of the city to submit written reports whenever he deems it expedient; (k) perform other duties as may be required by general State law, this charter or ordinance. Section 2.31. 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 and be the official spokesman for the city and chief advocate of policy; (c) have power to administer oaths and to take affidavits; (d) sign as a matter of course all written contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (e) fulfill such other executive and administrative duties as the city council shall by ordinance establish.

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Section 2.32. Submission of Ordinances to the Mayor; Veto Power. (a) Every ordinance adopted by the city council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve (12) o'clock noon on the tenth (10th) calendar day after its adoption; and if the ordinance is disapproved, the mayor shall submit to the city 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 city council at its next meeting; and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of four (4) members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the city council as in subsection (c) above. ARTICLE III Section 3.10. 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 this city. (b) Except as otherwise provided by this charter or general State 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.

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(c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department or agency who shall be its principal officer. Each director shall, subject to the discretion 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 city. The mayor may suspend or remove directors under his supervision, but such shall not be effective for twenty-one (21) calendar days following the mayor giving written notice of such action and the reasons therefor to the director involved and to the city council. The director involved may appeal to the city council which, after a hearing, may override the mayor's action by a vote of four (4) council members. Section 3.11. 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 city 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 city 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 law. (c) The city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission or authority. (d) No 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 original appointment except as otherwise provided by this charter or general State law.

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(f) 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 prescribed by ordinance and administered by the mayor. Section 3.12. City Attorney. The city council shall 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 city 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 city council shall appoint a city clerk who shall not be a council member. The city clerk shall be custodian of the official city seal, maintain city council records required by this charter and perform such other duties as may be required by the city council. Section 3.14. Tax Collector. The city council shall 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. The tax collector shall be the chief of police unless otherwise designated. Section 3.15. City Accountant. The city council shall appoint a city accountant to perform the duties of an accountant. Section 3.16. Position Classification and Pay Plans. The mayor shall be responsible for the preparation of a position classification and pay plan which shall be submitted to the city council for approval. 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 city 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 3.17. Personnel Policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoffs shall be effected; (4) such dismissed 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 Section 4.10. Municipal Court, Creation, Name. There shall be a court to be known as the Municipal Court of the Town of Porterdale. 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 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 (21) years and shall be a member of the State Bar of Georgia. All judges shall be appointed by the city council. (c) Compensation for the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of three (3) members of the city 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. The oath shall be entered upon the minutes of the city council journal required in Section 2.19.

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Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or five (5) days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for fifty (50) days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding fifty (50) days. (d) 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. (e) 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.

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(f) 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. (g) 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. (h) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenaes and warrants which may be served as executed by any officer as authorized by this charter or by general State law. (i) The municipal court is specifically vested with all of the jurisdiction and powers throughout the entire area of this city granted by general State laws to mayors', recorders' and police courts and particularly by such laws as authorized 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 Newton 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. Any appeal to the superior court shall be a de novo proceeding. Section 4.15. 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, that the city council may adopt in part or in total 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 and shall be available for public inspection; and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight (48) hours prior to said proceedings.

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ARTICLE V 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.11. Regular Elections, Time for Holding. On the first (1st) Wednesday after the first (1st) Monday in December, 1978, and on that day annually thereafter, there shall be an election for the mayor and/or city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.17 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 city 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 three (3) months of the expiration of the term of that office, the city 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. Other Provisions. Except as otherwise provided by this charter, the city 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.14. Election of the City Council and Mayor. There shall be elected three (3) council members constituting Posts 3, 4 and 5 in the first election on December 6, 1978. The following year, the election being on the first (1st) Wednesday after the first (1st) Monday in December, 1979, the mayor and two (2) council members, being Posts 1 and 2, shall be elected. Council member Posts 3, 4 and 5 thereafter will be elected in even-numbered years and council member Posts 1 and 2 and the mayor will be elected in odd-numbered years, provided that a council member whose term

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does not expire at the same date as the mayor's term will be required to announce his or her resignation as council member effective the last day of the current mayor's term. Said announcement shall be made not later than two (2) weeks prior to qualification date. Section 5.15. 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 5.16. Election by Majority. The person receiving a majority of the votes cast for any city office shall be elected. Section 5.17. City Council. Council members are to be elected from the entire populace of the town. Section 5.18. 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 violating 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 State law. Section 5.19. Procedure for Removal. Removal of any above described officer may be accomplished by one of the following methods: (a) By the vote of four (4) 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

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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 Newton 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 Newton County as provided by State law. ARTICLE VI Section 6.10. Property Tax. The city council may assess, levy and collect an ad valorem tax on any 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 6.11. 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 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 6.12. Occupation and Business Taxes. The city council, by ordinance, shall have the power to levy such occupation or business taxes as are not defined 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 the constitutionally sufficient nexus to this city to be so taxes. 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 6.18.

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Section 6.13. Licenses; Permits; Fees. The city 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 Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety and welfare necessitates. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of this 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 city council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive and the consideration for such franchises; provided, thirty-five (35) years and no franchise shall be granted for a period in excess of thirty-five (35) years and 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 6.15. Service Charges. The city council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewers, sanitary services, 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 6.18. Section 6.16. 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 or 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 6.18.

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Section 6.17. 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 6.18. 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 6.10 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., 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 hardships and providing for the assignment or transfer of tax executions. Section 6.19. 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 6.20. 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 6.21. Short-term Notes. The city must obtain and repay any short-term notes 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 city council shall set the fiscal year by ordinance. This 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 city council shall provide an ordinance on the procedures and requirements for the preparation and executions 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 City Council. On or before a date fixed by the city council, but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating 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, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.25. Action by City Council on Budget. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by State 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. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the thirty-first (31st) day of December of each year. If the city 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 city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations 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 preparation ordinance under Section 6.23.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such; and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.26. Changes in Appropriations. The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.27. Capital Improvements Budget. (a) On or before the date fixed by the city council, but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city 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 as provided in Section 2.23. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the thirty-first (31st) day of December of each year. No appropriation provided for in a prior 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 accompanied by his recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.28. 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

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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 6.29. Contracting Procedures. No contract with the city shall be binding on the city unless: (a) it is in writing; (b) 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 (c) it is made or authorized by the city council and such approval is entered in the city council journal of minutes required under Section 2.19. Section 6.30. Centralized Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city. Section 6.31. 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 hereafter amended. (b) The city 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 city council may authorize the mayor to execute and deliver in the name of the city a deed conveying said cut off or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining

Page 3478

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 Section 7.10. 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, 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 Section 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. Official Bonds. The officers and employees of this 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 by ordinance or as may be provided by State law. Section 7.12. Existing Ordinances; Resolutions; Rules and Regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, unless repealed or amended, for two (2) years from the effective date of this charter. During such two (2) year period, the city council shall review all such provisions and shall readopt, repeal or amend each so that a codification as provided by Section 2.25(b) is begun. Section 7.13. First Election Under This Charter. The first municipal election shall be December 6, 1978, at which three (3) council member positions shall be filled. The city council seats presently held by Clarence Day, vacancy formerly held by Mayor Bobby E. Martin and Eddie Lee Digby shall be designated Posts 3, 4 and 5, respectively, and seats presently held by Kenneth Hall and Ray Pollett shall be designated Posts 1 and 2, respectively. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 3, 4 and 5 shall be filled at this first election

Page 3479

for two (2) years and until their respective successors are elected and qualified, such that a continuing body is created with each council member serving a full term as provided in Section 2.11 after the second municipal general election. 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 ninety (90) days before or during which the existing city 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 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 city council. Section 7.16. Penalties. The violation of any provisions of this charter for which the penalty is not specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed one hundred eighty (180) 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 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

Page 3480

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 Repealers. The following Acts are hereby repealed in their entirety: (a) An Act incorporating the Town of Porterdale in the County of Newton, approved March 19, 1917, as amended. (b) An Act providing for the election of the mayor and councilmen of the municipality of Porterdale, approved April 17, 1969 (Ga. Laws 1969, p. 2841). (c) An Act providing for the compensation of the mayor and councilmen of the municipality of Porterdale, approved April 17, 1969 (Ga. Laws 1969, p. 2846), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2955). (d) An Act providing for the filling of vacancies in the offices of mayor and councilmen of the City of Porterdale, approved March 31, 1976 (Ga. Laws 1976, p. 3561). (e) An Act changing the date for meetings of the Council of the Town of Porterdale, approved March 23, 1977 (Ga. Laws 1977, p. 3343). Section 7.20. Effective Date. This Act shall become effective April 1, 1978. 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 at the regular session of the 1978 General Assembly of Georgia, I will introduce the following legislation:

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A bill to provide for a new charter for the town of Porterdale; said charter providing the boundaries of said town; powers and construction. of said town; the election of future mayors and councilmembers; their powers and duties; the power of the town to enact ordinances on its behalf; other provisions commensurate with the maintenance of a municipal corporation; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This the 16th day of January, 1978. /s/ Philip A. Johnson Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip 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: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Philip Johnson Represetative, 74th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF ATHENSAPPEARANCE OF VACANT LOTS, ETC. No. 890 (House Bill No. 1379). AN ACT To amend an Act to amend the charter of the town of Athens, approved August 24, 1872 (Ga. Laws 1872, p. 127), as amended, so as to authorize the Mayor and Council to establish criteria for the maintenance and appearance of vacant lots; to authorize the city to perform maintenance on certain vacant lots; to provide for special assessments; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act to amend the charter of the town of Athens, approved August 24, 1872 (Ga. Laws 1872, p. 127), as amended, is hereby amended by striking Section 16 thereof in its entirety and substituting in lieu thereof a new Section 16 to read as follows: Section 16. Obstructions; nuisances; markets; vacant lots. The Mayor and Council of the City of Athens shall have full power and authority to: (a) Remove, or cause to be removed, any buildings, posts, steps, fences or other obstructions or nuisances in the public streets, lanes, alleys, sidewalks or other public places in the city. (b) License all drays or other vehicles, ten-pin or other alleys, skating rinks, shooting galleries, auctioneers or vendue masters, and to regulate the terms on which such licenses shall be granted and to declare the license void when said terms are not complied with. (c) Control the markets and marketing within the city. (d) Establish one or more markets within the city, and regulate the same, fix the hours of sale therein, fix the fees, prohibit the sale of marketable commodities elsewhere within the city, and to pass all ordinances necessary and proper to regulate the market and marketing within the city.

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(e) Abate all nuisances, or anything injurious to the health of the city. (f) Establish reasonable criteria and standards for the maintenance and appearance of vacant lots within the city, to provide for city maintenance of lots the maintenance and appearance of which does not conform to such established criteria, and to levy special assessments against property owners for costs of city maintenance of vacant lots failing to conform to such established criteria. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that the Mayor and Council of the City of Athens intends to apply to the General Assembly of Georgia at the 1978 session thereof for the passage of a bill of local application to amend an Act to amend the charter of the town of Athens, approved August 24, 1872 (Ga. Laws 1872, p. 127), as amended, so as to authorize the Mayor and Council to establish criteria for the maintenance and appearance of vacant lots; to authorize the City to perform maintenance on certain vacant lots; to provide for special assessments; to provide for other matters relative to the foregoing; to repeal conflicting laws, and for other purposes. This 13th day of January, 1978. Mayor and Council of the City of Athens /s/ Denny C. Galis City Attorney The undersigned certifies on oath that he is an agent of Athens Newspapers, Inc., and that an advertisement of Local Legislation, has appeared in the issues of said newspaper January 17, January 24, January 31, 1978. Athens Newspapers, Inc. /s/ Robert Chambers

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Sworn to and subscribed before me, this 1 day of February 1978. /s/ Eve Hale Morris Notary Public, Clarke County, Georgia My Commission Expires July 26, 1980. (Seal). Approved March 13, 1978. FORSYTH COUNTYCOUNTY ADMINISTRATOR'S SALARY. No. 891 (House Bill No. 1761). AN ACT To amend an Act creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065), so as to remove a limitation on the salary 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 creating a Board of Commissioners for Forsyth County, Georgia, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2225), as amended, particularly by an Act approved March 2, 1972 (Ga. Laws 1972, p. 2065), is hereby amended by striking from Section 3 thereof the following: , and in no event shall such salary exceed twelve thousand five hundred dollars ($12,500.00) per annum,

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so that when so amended Section 3 shall read as follows: Section 3. The board is hereby empowered and authorized to employ and engage the services of a county administrator. The qualifications for such office shall be determined by the board. The salary of said county administrator shall be fixed by the board. Said administrator shall perform any and all duties as directed by the board. Before entering upon his duties, said administrator shall give bond in the sum of three thousand dollars ($3,000.00), conditioned upon the faithful performance of his duties and payable to the Board of Commissioners of Forsyth County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, legislation to change the method for setting the maximum compensation of the County Administrator, Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Forsyth County, Georgia. This 30th day of December, 1977. Emory Lipscomb, County Attorney, Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 4, 1978, January 11, 1978 and January 18, 1978. /s/ Jerry D. Jackson Representative, 9th District

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Sworn to and subscribed before me this 9th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. FORSYTH COUNTYTAX COMMISSIONER'S SALARY. No. 892 (House Bill No. 1763). AN ACT To amend an Act providing an annual salary for the Tax Commissioner of Forsyth County, approved April 3, 1972 (Ga. Laws 1972, p. 3511), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3128), so as to provide for determination of the compensation of the tax commissioner by the county governing authority; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing an annual salary for the Tax Commissioner of Forsyth County, approved April 3, 1972 (Ga. Laws 1972, p. 3511), as amended by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3128), 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 Tax Commissioner of Forsyth County shall receive an annual compensation to be determined with the reasonable discretion of the governing authority of Forsyth County. The annual compensation shall be paid in equal monthly installments out of county funds.

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Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1977 session of the General Assembly of Georgia, legislation to change the method for setting the maximum compensation of the County Administrator, Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Forsyth County, Georgia. This 30th day of December, 1977. Emory Lipscomb, County Attorney Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 4, 1978, January 11, 1978 and January 18, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1989. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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FORSYTH COUNTYCOMPENSATION OF NAMED OFFICERS. No. 893 (House Bill No. 1762). AN ACT To amend an Act changing the compensation of certain county officers of Forsyth County, approved February 28, 1966 (Ga. Laws 1966, p. 2292), as amended by an Act approved February 21, 1969 (Ga. Laws 1969, p. 2033), an Act approved April 3, 1972 (Ga. Laws 1972, p. 3517), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3130), so as to provide for a determination of the annual salary of the clerk of the superior court, sheriff, and judge of the probate court by the county governing authority; 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 certain county officers of Forsyth County, approved February 28, 1966 (Ga. Laws 1966, p. 2292), as amended by an Act approved February 21, 1969 (Ga. Laws 1969, p. 2033), an Act approved April 3, 1972 (Ga. Laws 1972, p. 3517), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3130), 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 Clerk of the Superior Court of Forsyth County shall receive an annual salary to be determined within the reasonable discretion of the governing authority of Forsyth County. The annual salary shall be paid in equal monthly installments from the funds of Forsyth County. Section 2 . Said Act is further amended by striking Section 2 thereof in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. The Sheriff of Forsyth County shall receive an annual salary to be determined within the reasonable discretion of the governing authority of Forsyth County. The annual salary shall be paid in equal monthly installments from the funds of Forsyth County.

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Section 3 . Said Act is further amended by striking subsection (a) of Section 10 thereof in its entirety and substituting in lieu thereof a new subsection (a) of Section 10 to read as follows: (a) The Judge of the Probate Court of Forsyth County shall receive an annual salary to be determined within the reasonable discretion of the governing authority of Forsyth County. The annual salary shall be paid in equal monthly installments from the funds of Forsyth 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 January, 1977 session of the General Assembly of Georgia, legislation to change the method for setting the maximum compensation of the County Administrator, Clerk of the Superior Court, Sheriff, Judge of the Probate Court and Tax Commissioner of Forsyth County, Georgia. This 30th day of December, 1977. Emory Lipscomb, County Attorney Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 4, 1978, January 11, 1978 and January 18, 1978. /s/ Jerry D. Jackson Representative, 9th District

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Sworn to and subscribed before me, This 9th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia state at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. FORSYTH COUNTY AIRPORT AUTHORITY ACT. No. 894 (House Bill No. 1765). AN ACT To create and establish the Forsyth County Airport Authority; to provide a title for such Act; to declare the need for such Authority; to declare the public purpose 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

Page 3491

negate personal liability of members and provide that bonds will not be a debt of the State, Forsyth 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. Be it enacted by the General Assembly of Georgia: Section 1. Short Title. This Act may be cited as the Forsyth 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 Forsyth 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 the acquisition, construction and equipping of any airports which might hereafter be established in Forsyth County, requires the establishment of an airport authority in Forsyth 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 Forsyth 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 that the maximum public benefit is obtained from 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:

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(a) The term airport refers to 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 Forsyth County Airport Authority, which is created hereunder. (d) 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. (e) The term County refers to Forsyth County, Georgia, a political subdivision of the State of Georgia. (f) 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 Forsyth County Airport Authority, which shall be an instrumentality and a public corporation of the State of Georgia.

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Section 6. Members of Authority and Terms of Office. The Authority shall be composed of 5 members appointed by the Board of Commissioners of the County each of whom shall be a resident of the County. The initial members of the Authority shall be appointed within 60 days following the effective date of this Act. Three of the original members of the Authority shall be appointed to serve for 2 years and two of the original members shall be appointed to serve for 4 years. Thereafter, the members shall be appointed by the Board of Commissioners to terms of four 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 succeeding year and until their successors are elected. Thereafter, a Chairman and a Vice-Chairman shall be elected in the same manner each year to serve for the succeeding year and until their successors are elected. The Chairman shall preside over meetings of the Authority and the Vice-Chairman shall preside in his absence, and they shall have such other powers, duties and responsibilities as are set out elsewhere in this Act. The Authority shall also designate a Secretary 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.

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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 interest 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. Section 11. Executive Director, Treasurer and Other Administrative Officers and Employees. 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 vote on or otherwise represent or act on behalf of the Authority in connection with authorizing, approving, evaluating or negotiating any contract, 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) in which he is financially interested, directly or indirectly. 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.

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Section 13. Powers of the Authority. The Authority shall possess, subject to the conditions and limitations set out elsewhere in this Act, all the powers necessary or convenient for it to accomplish the purposes of this Act, including the following specific powers, which shall not be construed as a limitation upon the general or other specific powers conferred in this Act: (a) To adopt and alter a corporate seal. (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 lease 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,

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leases or other agreements, promulgate any orders, set any tolls, fees, or other charges for the use of its property or services and collect and use same as necessary to 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 of 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 any municipality therein 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 use same upon such terms and conditions as are prescribed by the federal, State, county or municipal government or agency or other source.

Page 3497

(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. (p) To exercise each and every power that the County could exercise, under laws existing at the effective date of this Act, over the airport, just as if the Authority were the County. (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.

Page 3498

(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 America 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. Laws 1937, p. 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, 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 as 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

Page 3499

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. Laws 1937, p. 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 thereto, and shall fix the denomination or denominations of the bonds and the place 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

Page 3500

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 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 Forsyth 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

Page 3501

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, 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.

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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 seems appropriate in order to provide security to bondholders and the trustee, and for such purposes it may also enter into joint agreements, arrangements or trust indentures with such users and a trustee or trustees under any trust indenture authorized under Section 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, 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.

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Section 31. 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 property of the County, subject, however, to all rights and encumbrances thereon. Section 32. 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 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 33. Rights of Personnel. All rights, credits and funds in any retirement system of the County which are possessed by any personnel of the Authority at the time of employment by the Authority are hereby continued and it is the intent of this Act that any such employees and personnel shall not lose rights, credits or funds to which they were entitled prior to being employed by the Authority. Section 34. Severability Should Any Portion of Act Be Held Invalid. The terms and provisions of this Act are severable. Should any section, subsection, 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 35. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 36. Repeal of Conflicting Laws. 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, 1978 session of the General Assembly of Georgia, legislation creating the Forsyth County Airport Authority, conferring powers and imposing duties on said Authority and for other purposes. This 30th day of December, 1977. Emory Lipscomb, County Attorney, Forsyth County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth county, on the following Dates: January 4, 1978, January 11, 1978 and January 18, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3506

SPALDING COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 895 (House Bill No. 1773). AN ACT To amend an Act creating and establishing a small claims court for Spalding County, Georgia, to be known as the Small Claims Court of Spalding County, approved February 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), so as to change the title of the bailiff; 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 Spalding County, Georgia, to be known as the Small Claims Court of Spalding County, approved February 28, 1969 (Ga. Laws 1969, p. 3687), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2903), is hereby amended by striking from subsection (b) of Section 6 of said Act the following: bailiff, and inserting in lieu thereof the following: marshal, so that when so amended subsection (b) of Section 6 shall read as follows: (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 marshal of said small claims court; or by registered or certified mail with receipt; or by any person not a party to or otherwise interested in the suit, especially appointed by the judge of said court for that purpose.

Page 3507

Section 2. Said Act is further amended by striking from Section 14 of said Act, wherever the same shall appear, the following: bailiffs, and inserting in lieu thereof the following: marshals, and by striking from said Section the following: Bailiff, and inserting in lieu thereof the following: Marshal, so that when so amended Section 14 shall read as follows: Section 14. The judge of said Small Claims Court shall have the power to appoint one or more marshals of and for said 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 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 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 and such marshals 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 marshals of said Court. Section 3. Said Act is further amended by striking from Section 23 of said Act the following:

Page 3508

bailiff, and inserting in lieu thereof the following: marshal, so that when so amended Section 23 shall read as follows: 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 marshal, or by the Judge of the Small Claims Court; or it may be served by registered or certified mail, provided such service by mail is evidenced by a properly signed return receipt, which receipt shall be attached to the original garnishment affidavit, or to the writ of attachment; provided further, it shall be prima facie evidence of service on the garnishee if the sealed envelope in which said summons was mailed to the garnishee by registered or certified mail is returned to sender by U. S. Postal Authorities marked `refused', giving the date of refusal and be signed or initialed by a U. S. Post Office employee or U. S. Mail Carrier to whom refusal was made. Whenever served in person by a court officer as aforesaid, such officer shall enter his return of service either on the back of the original garnishment affidavit or the attachment writ or on the back of a conformed copy of the original summons of garnishment which was given to the garnishee, or such entry of service may be made on a separate paper and attached to the said garnishment affidavit or the writ of attachment, as the case may be. Section 4. Said Act is further amended by striking from Section 25 of said Act the following: bailiff, and inserting in lieu thereof the following: marshal, so that when so amended Section 25 shall read as follows: Section 25. The fee of marshal 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

Page 3509

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 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 1978 Session of the General Assembly of Georgia, a bill to amend an Act establishing a small claims court for Spalding County, Georgia, approved April 28, 1969 (Ga. Laws 1969, p. 3687), as amended; and for other purposes. This 18th day of December, 1977. /s/ John R. Carlisle Representative 71st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle who, on oath, deposes and says that he is Representative from the 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 23, 1977, December 30, 1977 and January 6, 1978. /s/ John R. Carlisle Representative, 71st District Sworn to and subscribed before me, this 9th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CLAYTON COUNTYOFFICE LOCATION OF BOARD OF COMMISSIONERS. No. 896 (House Bill No. 1784). 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, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3208), so as to change the provisions relating to the location of the office of that 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 Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved April 5, 1971 (Ga. Laws 1971, p. 3208), is hereby amended by striking Section 8 in its entirety and inserting in lieu thereof the following: Section 8. The Board of Commissioners of Clayton County shall maintain an office in the Clayton County Courthouse or one of its annexes located on the property of Clayton County in Jonesboro, Georgia, adjacent to the courthouse, and the chairman shall keep the office open for business during normal office hours from Monday through Friday, except for holidays. Whenever it shall be necessary for the chairman of the board of commissioners to be away from the office on county business, he shall leave a competent clerk in charge of the office. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that application will be made to introduce at the January, 1978, Session of the General Assembly of Georgia an Act to amend an Act pertaining to the Board of Commissioners of Clayton County (Georgia Laws 1955, p. 2064 and Georgia Laws 1971, pp. 3208 - 3219, as amended) so as to provide for the place where the commissioners of Clayton County shall maintain their office for business purposes; to provide for the repeal of conflicting laws; to provide for an effective date; to provide a severability clause; and for other purposes. This the 23rd day of December, 1977. /s/ John R. McCannon County Attorney for Clayton County, Georgia Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: Dec. 27, 1977, Jan. 3 and 10, 1978. Amend Ga. Laws 1955, page 264, etc. /s/ Jim Wood Publisher Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Helen W. Jenkins Notary Public. (Seal). Approved March 13, 1978.

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LEE COUNTYSALARY OF SHERIFF, ETC. No. 897 (House Bill No. 1793). AN ACT To amend an Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2219), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2839), so as to change the provisions relating to the salary of the sheriff and his deputies; to remove the provisions relating to the automobile of the sheriff, shortwave radio and reimbursement of certain automobile expenses; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Lee County and providing in lieu thereof an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2219), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2839), 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 minimum salary of $8,500.00 per annum and a maximum salary of $14,000.00 per annum, to be determined by the governing authority of Lee County, which shall be paid in biweekly installments from the funds of Lee 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 of Lee County shall be authorized to appoint a minimum of two and not more than four deputies who shall be compensated in an amount to be determined by the governing authority of Lee County. Said salaries shall be payable biweekly from the funds of Lee County. Upon the approval of the governing authority, the sheriff shall designate and name the persons who shall

Page 3513

be employed as deputies, prescribe their duties and assignments, and remove or replace such deputies. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill, to amend an Act placing the Sheriff of Lee County on a salary basis, and for other purposes, approved Feb. 28, 1966 (Ga. Laws 1966, pg. 2219), as amended 1969, 1970, 1971, and 1975 to change the maximum amount of salary that the Sheriff may be entitled to receive: This 3rd day of January, 1978. /s/ T.P. Tharp, Clerk Board of County Commissioners Lee County, Ga. 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: January 7, 1978, January 14, 1978 and January 21, 1978. /s/ R. S. Hutchinson Representative, 133rd District.

Page 3514

Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. ACT CREATING SMALL CLAIMS COURTS IN CERTAIN COUNTIES (7,040-7,055) AMENDED. No. 898 (House Bill No. 1792). AN ACT To amend an Act creating a small claims court in certain counties of this State, approved March 4, 1977 (Ga. Laws 1977, p. 270), so as to change the provisions relating to the clerk of the small claims court; to change the filing costs; to provide for the disposition of filing costs; to authorize the clerk to charge a fee for issuing fi. fas.; to provide that a deputy clerk of the office of the superior court shall attend small claims court in the event the clerk of the small claims court is unable to attend small claims court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a small claims court in certain counties of this State, approved March 4, 1977 (Ga. Laws 1977, p. 270), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The clerk of the small claims court shall be appointed by and selected at the discretion of the board of commissioners in such counties, and he shall collect all advance costs, docket the case, and attach process of service to each suit filed, and his remuneration for said service, if any, shall be determined by the governing authority. 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:

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Section 5. The clerk of the small claims court shall collect $20.00 filing costs when any suit is filed and maintain an itemized statement showing the case number and costs collected and once a month turn over all costs to the judge of the small claims court. The judge shall retain a minimum of $8.00 filing costs or a maximum of $10.00 filing costs, to be determined by the board of commissioners in such counties, as the sole remuneration of the judge, and the remainder of the filing costs shall be deposited in the general fund of the county to defray expenses of the court. The judge shall not collect any costs from any party to any claim in his court. The clerk of the small claims court shall add no costs for services rendered by the clerk of the small claims court, and the sheriff shall add no costs for his services. When either party shall request a fi. fa., the clerk shall collect $2.00 for each such fi. fa. Section 3. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14, to read as follows: Section 14. The clerk of the small claims court or, in case of sickness, absence, or other cause, a deputy clerk of the office of superior court shall attend small claims court, and the sheriff or one of his deputies shall attend small claims 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 1978 Session of the General Assembly of Georgia, a bill, to amend an Act establishing a small claims court for Lee County, Act No. 152 No. 754, approved March 4, 1977, Georgia Laws 1977, to amend procedures for appointment of the Judge, fees for filing, serving, docketing, and other services, elimination or addition of provisions to simplify the operation of the court, matters related thereto, and for any other purposes:

Page 3516

This the 14th day of December 1977. /s/ T. P. Tharp Board of County Commissioners Lee County, Ga. 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 19, 1977, December 26, 1977 and January 2, 1978. /s/ R. S. Hutchinson Representative, 133rd District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. STATE COURT OF CARROLL COUNTYJUDGE'S SALARY. No. 899 (House Bill No. 1795). AN ACT To amend an Act establishing the State Court of Carroll County, approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2797), so as to change the compensation of the judge of that

Page 3517

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 Carroll County, approved December 21, 1897 (Ga. Laws 1897, p. 438), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 2797), is hereby amended by striking subsection (b) of Section 4 which reads as follows: (b) The judge of said court shall receive a salary of $13,500 per annum, to be paid monthly out of the treasury of said county., in its entirety and inserting in lieu thereof a new subsection (b) to read as follows: (b) The judge of said court shall receive a salary to be paid monthly out of the treasury of said county. This salary shall be in the following amount: for 1978, $1420 per month; effective January 1, 1979, $17,600 per annum; effective January 1, 1980, $18,200 per annum. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of the State of Georgia, a Bill to adjust the compensation of the Judge of the State Court for the County of Carroll, commensurate with the duties of said Judicial office.

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To provide for matters relative thereto; and for other purposes. This the 24th day of January, 1978. /s/ J. Ebb Duncan /s/ Thomas P. Glanton /s/ Gerald L. Johnson Carroll County Delegation to the General Assembly of the State of Georgia. Georgia, Carroll County. Personally appeared before me, the undersigned authority duly authorized to administer oaths: Mr. Stanley E. Parkman, Publisher of The Carroll County Georgia who, on oath, deposes and says that he is the Publisher of the Carroll County Georgian, in the County of Carroll, State of Georgia, 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 said County, on the following dates: January 26th, 1978; February 2nd, 1978 and February 9th, 1978. /s/ Stanley E. Parkman, Publisher Carroll County Georgian Sworn to and subscribed before me, this 10th day of February, 1978. /s/ Linda Spence Notary Public. (Seal). Approved March 13, 1978.

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CITY OF COVINGTONCHARTER AMENDED. No. 900 (House Bill No. 1796). AN ACT To amend an Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, so as to change the provisions relating to the election of mayor and councilmen for said city; to provide procedures in connection therewith; to provide for election districts; to provide for qualifications; to change the provisions relating to vacancies; to provide for certain residency requirements; to change certain provisions relating to oaths; to change the provisions relating to the powers and duties of the mayor; to change the provisions relating to council meetings; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing an Act incorporating the City of Covington and granting a new charter to the City of Covington, approved January 30, 1962 (Ga. Laws 1962, p. 2003), as amended, is hereby amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22 to read as follows: Section 22. Form of Government. The government of said city shall be vested in a mayor and eight council members who shall hold their respective offices for two-year terms and until their successors are elected and qualified; provided, however, that the mayor and members of the council now holding office in the city shall continue to hold office and to exercise the duties and powers of mayor and council members for and during the terms for which they have respectively been elected heretofore. For the purpose of electing council members, the City of Covington is hereby divided into two wards, the West Ward and the East Ward. The division line between the two wards shall be as follows: Commence at the point of intersection of the northwestern boundary of the corporate limits of the City of Covington and the center line of the Georgia Railroad right-of-way and run thence in a southeasterly direction along the center line of the said Georgia Railroad right-of-way to the point of intersection thereof with the center line of Emory Street; running

Page 3520

thence in a southerly direction along the center line of Emory Street to the point of intersection thereof with the center line of Clark Street; running thence in an easterly direction along the center line of Clark Street to the intersection thereof with the center line of Monticello Street; thence in a southerly and southeasterly direction along the center line of Monticello Street which is also known as Georgia Highway #36 and/or the Jackson Highway, to the point of intersection thereof with the southern boundary of the corporate limits of the City of Covington. The West Ward shall be those portions of the City of Covington lying southerly and westerly of the aforedescribed division line. The East Ward shall be those portions of the City of Covington lying northerly and easterly of the aforedescribed division line. The eight council seats shall be designated by eight numbered council posts as follows: Post 1 West, Post 2 West, Post 3 West, Post 1 East, Post 2 East, Post 3 East, Post 1 At Large, and Post 2 At Large. The council members for Council Post 1 West, Post 2 West, and Post 3 West shall be elected by the qualified electors of the West Ward only; the council members for Council Post 1 East, Post 2 East, and Post 3 East shall be elected by the qualified electors of the East Ward only; and the council members for Council Post 1 At Large and Post 2 At Large and the mayor shall be elected at large by all of the qualified electors of the City of Covington. Section 2. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. Vacancy in Office of Mayor or Council. In the event there shall occur a vacancy in the office of mayor caused by death, resignation or removal of the incumbent, the city council shall immediately call an election to fill such vacancy, which election shall be called and held within thirty (30) days after the vacancy occurs. In the filling of such vacancy, the council shall give due and timely notice of the special election by appropriate notice and advertising. In the event of a vacancy occurring in any Council Post, the mayor and city council, as soon thereafter as possible, shall elect some qualified citizen to fill such vacancy and the person so elected shall hold office until the next regular municipal election.

Page 3521

Section 3. Said Act is further amended by striking Section 24 in its entirety and inserting in lieu thereof a new Section 24 to read as follows: Section 24. Qualifications of Mayor and Councilmen; Oath. (a) No person shall be eligible to qualify or hold the office of mayor or councilman of the City of Covington unless he shall have the following qualifications: (1) He shall be at least 21 years of age on the day the term of office for which he is a candidate begins. (2) A candidate shall have been a resident of the City of Covington for a period of not less than one year immediately preceding the election in which he is to be a candidate and, further, candidates for Council Posts 1 West, 2 West, and 3 West must be residents of the city's West Ward as of the date of qualification for election and candidates for Council Posts 1 East, 2 East, and 3 East must be residents of the city's East Ward as of the date of qualification for election. (3) He shall not have been convicted of any felony. (4) He shall be qualified to vote in the municipal elections of the city. (5) A candidate shall not be indebted for any tax to the city which is more than 12 months past due; provided, however, if the reason for the nonpayment of city taxes is the poverty of the candidate and the candidate executes an affidavit to that effect and, further, the candidate executes the pauper's affidavit provided for in subsection (d) of Section 47 of this charter in lieu of paying the qualifying fee specified in said Section, then in such event such indebtedness for taxes to the city shall not disqualify a candidate from seeking office. (6) He shall qualify as a candidate by filing his name with the city clerk and by giving to the city clerk, in writing, the oath prescribed in subsection (b) of this Section. (b) Any person desiring to qualify as a candidate for mayor or councilman shall take the following written oath setting forth the information

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called for therein, which oath shall be kept on file in the city clerk's office: `I do solemnly swear or affirm that I am 21 years of age, or will be on the date of taking office; that I have resided in the City of Covington for a period of not less than one year immediately preceding the election in which I am a candidate; that I am a resident of the West Ward/East Ward (strike through the incorrect Ward); that I have never been convicted of a felony; that I am a qualified voter for municipal elections in the City of Covington; and that (1) I am not indebted to the City of Covington for any tax which is more than 12 months past due, or (2) the reason for my indebtedness to the City of Covington for any tax which is more than 12 months past due is my poverty and financial inability to pay such taxes.' (c) Continued residency in the City of Covington shall be a condition of the mayor and each council member remaining qualified to continue in their respective offices; and upon any such elected official removing his residency from the City of Covington, the council shall declare the office of each such elected official who has removed his residency from the City of Covington as vacated. Continued residency in the Ward represented by council members holding Council Posts 1 West, 2 West, 3 West, 1 East, 2 East, and 3 East shall be a condition of each such council member remaining qualified to continue in his respective office; and upon any such council member moving from his respective Ward, the council shall declare that council member's Council Post vacated. Any vacancy in council seats or in the office of mayor under the foregoing provisions shall be filled in accordance with the provisions of Section 23 of this charter. Section 4. Said Act is further amended by striking Section 26 in its entirety and inserting in lieu thereof a new Section 26 to read as follows: Section 26. Mayor's Duties and Powers. The mayor shall have the same power as a justice of the peace to witness and attest papers, to administer oaths, to issue criminal warrants and hold courts of inquiry; and the mayor may commit offenders tried before him as a court of inquiry or may admit them to bail in cases where

Page 3523

a justice of the peace has powers of bail. The mayor shall have the right to remit or reduce the fines imposed by the recorder's court upon defendants charged with violating any of the city laws or ordinances, and he shall have authority to pardon all offenders convicted before the recorder's court. The mayor shall be vested with the power of veto and it shall be the mayor's right to veto any and all ordinances, resolutions, permits, and privileges passed on or granted by the city council if the mayor sees fit to do so; and the mayor's veto may be overridden by a vote of at least a majority of the members of the city council then in office. Section 5. Said Act is further amended by striking Section 33 in its entirety and inserting in lieu thereof a new Section 33 to read as follows: Section 33. Council Meetings, Time and Place; Presiding Officer and Quorum. The mayor and council shall meet for the transaction of business at such times and places as they may prescribe. At all meetings of the mayor and council, the mayor, if present, shall preside and, except as hereinafter provided, he may vote only in cases of a tie. The mayor may also vote in all elections for officers who are elected by the council, whether there be a tie or not, and as otherwise provided in this charter. The mayor and at least six members of the council shall constitute a quorum for transaction of business; however, a lesser number in the absence of a quorum may adjourn a regular meeting to a future time. Section 6. Said Act is further amended by striking Section 47 in its entirety and inserting in lieu thereof a new Section 47 to read as follows: Section 47. Election for Mayor and Council Members. (a) Any person desiring to run for city council shall designate the Council Post for which he is offering. As specified under the charter Section 24(a)(2), candidates for Council Posts 1 West, 2 West, and 3 West must be residents of the West Ward and candidates for Council Posts 1 East, 2 East, and 3 East must be residents of the East Ward. All council members shall be elected by a majority of the qualified electors voting in the elections for the respective officials. As specified in charter Section 22, the council members holding Council Posts 1 West, 2 West, and 3 West shall be elected by the qualified electors of the West Ward only; the council members

Page 3524

holding Council Posts 1 East, 2 East, and 3 East shall be elected by qualified electors of the East Ward only; and the council members holding Council Posts 1 At Large and 2 At Large shall be elected by all of the qualified electors of the City of Covington. The first such council election shall be held on the Wednesday after the first Monday in December, 1978, at which election the council members for Council Posts 1 West, 2 West, 3 West, 1 East and 1 At Large shall be elected. The council members elected to Council Posts 2 West, 3 West, 1 East, and 1 At Large shall be elected for terms of two years and shall take office on the first day of January following their election. The council member elected to Council Post 1 West shall be elected for a term of one year and shall take office on the first day of January following his election. The next such election shall be held on the Wednesday after the first Monday in December, 1979, at which election the council members for Council Posts 1 West, 2 East, 3 East and 2 At Large shall be elected. The council members elected to Council Posts 1 West, 2 East, 3 East and 2 At Large in 1979 shall be elected for terms of two years and shall take office on the first day of January following their election. Thereafter, the council members for Council Posts 2 West, 3 West, 1 East, and 1 At Large shall be elected on the Wednesday following the first Monday in December of each even-numbered year and shall take office on the first day of January following their election for terms of two years and until their successors are elected and qualified. Council members for Council Posts 1 West, 2 East, 3 East and 2 At Large shall be elected on Wednesday following the first Monday in December of each odd-numbered year and shall take office on the first day of January following their election for terms of two years and until their successors are elected and qualified. The council members who have previously been elected and are serving as of the effective date hereof shall hold office until the expiration of their respective terms; provided, however, that they remain qualified to serve. Successors to such council members shall be elected as herein provided. (b) The mayor shall be elected by a majority of the qualified electors voting in the elections held for that purpose. The first election for mayor shall be held on the Wednesday following the first Monday in December in 1979 and the person elected mayor shall take office on the first day of January following his election for a term of two years and until his successor is elected and qualified. Thereafter, the election for mayor shall be held on the same day of

Page 3525

each odd-numbered year. The current mayor shall hold office until the expiration of this current term which is December 31, 1979, provided he remains qualified to serve, and his successor shall be elected as herein provided. (c) In the event any candidate for a Council Post or a candidate for mayor does not receive a majority of the votes cast in the elections held on the Wednesday following the first Monday in December, a run-off election shall be held on the Wednesday following the third Monday in December. Said run-off election shall be held between the two candidates for each Council Post who receive the highest number of votes cast at the first election and shall be held between the two candidates for mayor who receive the highest number of votes cast at the first election. The candidate for a Council Post or the candidate for mayor or the candidates for mayor and Council Posts, as the case may be, who receive a majority of the votes cast in a run-off election shall be declared the winner. (d) Any qualified person seeking election as mayor or as a member of the council in any election shall file notice of his intention to be a candidate with the clerk of council at least two weeks prior to such election. At the time of filing of such notice with the clerk of council, candidates for mayor and Council Posts shall pay a qualifying fee of $100.00 to said clerk of council who shall issue a receipt therefor and deposit said fees into the general funds of the City of Covington; provided, however, the council shall adopt from time to time a form of a pauper's affidavit whereby candidates for municipal office who are otherwise qualified to seek election, but are financially unable to pay the qualifying fee hereinbefore specified, may affirm the facts of their poverty by sworn statement, in which event the qualifying fee aforesaid shall be waived. (e) Should there fail to be an election for any cause at the time specified for elections in this Act, the mayor and council shall order an election to be held and shall post a notice of the time of such election at the city hall for at least ten days previous thereto. At all city elections, the polls shall not be opened earlier than 7:00 a.m. and shall close at 7:00 p.m. All elections shall be held by the clerk of the City of Covington or by the recorder of the City of Covington, assisted by two or more registered voters of the City of Covington, and each of said managers before entering upon his duties shall take and subscribe before some officer qualified to administer oaths, before each other, the following oath:

Page 3526

`We, and each of us, do swear that we will faithfully and impartially conduct this election and prevent illegal voting to the best of our skill and power, so help us God.' Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1978, Session of the General Assembly of Georgia, a bill to amend an act which incorporated and granted a new charter to the City of Covington, Georgia, approved January 30, 1962 (Georgia Laws 1962, page 2003), as amended; to repeal conflicting laws; and for other purposes. This 24th day of January, 1978. /s/ Philip A. Johnson Representative, 74th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip A. Johnson who, on oath, deposes and says that he/she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 26, February 2, February 9, 1978. /s/ Philip A. Johnson Representative, 74th District

Page 3527

Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. COBB COUNTYRECORDS AND IDENTIFICATION BUREAU ACT REPEALED. No. 901 (House Bill No. 1798). AN ACT To repeal an Act entitled An Act to create the Cobb County Records and Identification Bureau; to provide for a director; to provide for powers, duties, authority and functions; to provide for appointment and compensation; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 3, 1962 (Ga. Laws 1962, p. 2574); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to create the Cobb County Records and Identification Bureau; to provide for a director; to provide for powers, duties, authority and functions; to provide for appointment and compensation; to provide the procedure connected with the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes., approved March 3, 1962 (Ga. Laws 1962, p. 2574), is hereby repealed in its entirety. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to repeal an act creating the Cobb County Records and Identification Bureau (Ga. L. 1962, p. 2374) as heretofore amended, and for other purposes. This 23rd day of January 1978, /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ 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 27, 1978, February 3, 1978 and February 10, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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COBB COUNTYSHERIFF'S CHIEF INVESTIGATOR. No. 902 (House Bill No. 1799). AN ACT To amend an Act relating to the abolition of the fee system in Cobb County and providing salaries for the judge of the probate court, sheriff, deputy sheriff and clerk of the superior court, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), so as to change the provisions relative to the chief investigator in the sheriff's office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act relating to the abolition of the fee system in Cobb County and providing salaries for the judge of the probate court, sheriff, deputy sheriff and clerk of the superior court, approved February 9, 1949 (Ga. Laws 1949, p. 427), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3938), is hereby amended by striking from Section 5 the following: 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., and by designating the remainder of Section 5 as subsection (a) thereof and by adding at the end thereof a new subsection (b) to read as follows: (b) In addition to those employees provided for by subsection (a) of this Section, there is hereby created the office of Chief Investigator

Page 3530

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 or the equivalent and be either a graduate of the Federal Bureau of Investigation's National Academy for Peace Officers, or possess ten (10) years of actual experience as a peace officer, or be a graduate of a law school accredited by the Georgia Bar Association, or a graduate of the Southern Police Institute School of Police Management and Administration. The salary shall be fixed by the Board of Commissioners of Cobb County, which salary shall not be less than $16,500 nor more than $18,500 per annum. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill amending an act changing compensation from fee system of the Superior Court Clerk, Sheriff and Judge of Probate Court, approved February 19, 1949 (Ga. L. 1949, p. 427) as heretofore amended and for other purposes. This 13 day of January 1978. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ Joe Mack Wilson Representatives

Page 3531

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Cooper who, on oath, despoes and says that he/she 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 13, 1978, January 20, 1978 and January 27, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. STATE COURT OF HALL COUNTYSOLICITOR'S SALARY, ETC. No. 903 (House Bill No. 1802). AN ACT To amend an Act establishing the State Court of Hall County (formerly known as the City Court of Hall County), approved August 14, 1891 (Ga. Laws 1890-91, p. 939), as amended, particularly by an Act approved July 29, 1912 (Ga. Laws 1912, p. 237), an Act approved July 31, 1916 (Ga. Laws. 1916, p. 226), an Act approved April 9, 1963 (Ga. Laws 1963, p. 3229), an Act approved

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March 30, 1971 (Ga. Laws 1971, p. 2505), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3773), so as to change the compensation of the solicitor of said court; to prohibit the solicitor of said court to engage in the practice of law; to provide for the duties and authority of the solicitor of said court; 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. An Act establishing the State Court of Hall County (formerly known as the City Court of Hall County), approved August 14, 1891 (Ga. Laws 1890-91, p. 939), as amended, particularly by an Act approved July 29, 1912 (Ga. Laws 1912, p. 237), an Act approved July 31, 1916 (Ga. Laws. 1916, p. 226), an Act approved April 9, 1963 (Ga. Laws 1963, p. 3229), an Act approved March 30, 1971 (Ga. Laws 1971, p. 2505), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3773), is hereby amended by striking from Section 2A, the following: The solicitor of said Court shall receive a salary of $10,500 per annum., and inserting in lieu thereof the following: The solicitor of said court shall receive a salary of $24,000 per annum. Section 2. Said Act is further amended by striking Section 4, which reads as follows: Section 4. There shall be a solicitor for said court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter provided for shall be for four years; the clerk and sheriff and their deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said State Court, and for services rendered in said court shall be entitled to the same fees as are allowed the district attorneys and the clerks and sheriffs by law in the Superior Court, and discharge the same duties and shall be subject to the same obligations and penalties. All vacancies in the office of solicitor, except as hereinafter provided, shall be filled by

Page 3533

special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant., and inserting in lieu thereof a new Section 4 to read as follows: Section 4. There shall be a full-time solicitor for said court who shall have practiced law for two years, who shall be elected by the qualified voters of Hall County, whose term of office after the first term of office hereinafter provided for shall be for four years; the solicitor of said court is prohibited from engaging in the private practice of law, the same as the applicable laws prohibiting district attorneys in the superior courts shall be applicable to the Solicitor of the State Court of Hall County; the Clerk and Sheriff and their Deputies of the Superior Court of Hall County shall be ex officio clerk, sheriff and deputies of said State court, and for services rendered in said court shall be entitled to the same fees as are allowed for district attorneys and the clerks and sheriffs by law in the superior court, and discharge the same duties and shall be subject to the same obligations and penalties. All vacancies in the office of solicitor of the State court, except as hereinafter provided, shall be filled by special election called for that purpose, and any person so elected shall serve for the unexpired term of the solicitor whose office is vacant. Section 3. Said Act is further amended by adding, following Section 4, a new Section 4A, to read as follows: Section 4A. The Solicitor of the State Court of Hall County shall have an office provided for him in the Hall County Courthouse. The solicitor of said court shall be the Prosecuting Attorney for the State of Georgia and Hall County. The solicitor shall prepare all criminal accusations for misdemeanor offenses which occur within the entire jurisdictional limits of Hall County, all orders and sentences and all allied papers incident thereto; shall attend all sessions of State court, unless otherwise provided; shall administer all oaths to jurors in both civil and criminal trials and to all bailiffs in attendance in court; all witnesses in criminal trials; and shall perform all other duties incident to the office of solicitor and all administrative duties that shall devolve upon him as Solicitor of the State Court of Hall County.

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Section 4. This Act shall become effective on January 1, 1979. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court (formerly the City Court) of Hall County, as amended April 9, 1963, (Ga. L. 1963, p. 3229), and particularly an Act approved 30 March 1971 (Ga. L. 1971, p. 2505), so as to change the compensation of the Solicitor of said Court; prohibit the Solicitor of said Court to engage in the practice of law; provide the duties of the Solicitor for said Court; provide for all matters relating thereto; and for other purposes; to repeal conflicting laws. This 23 day of January 1978. /s/ Joe T. Wood Representative 9th District /s/ Doug Whitmire Representative 9th District /s/ Jerry Jackson Representative, 9th District /s/ Howard T. Overby State Senator 9th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 25, 1978, February 1, 1978 and February 8, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF SAVANNAHCOMMISSIONER FOR THE POOR. No. 904 (House Bill No. 1813). AN ACT To amend the Charter of the Mayor and Aldermen of the City of Savannah and the several Acts supplementary thereto and amendatory thereof, so as to create the office of Commissioner for the Poor for the City of Savannah; to provide for the powers, duties and compensation of the Commissioner for the Poor; 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 Charter of the Mayor and Aldermen of the City of Savannah and the several Acts supplementary thereto and amendatory thereof are hereby amended by adding at the end thereof the following:

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Any other provision of law to the contrary notwithstanding, there is hereby created a department of the government of the City of Savannah which shall be headed by a department head known as the Commissioner for the Poor. Such Commissioner shall be appointed by the governing authority of the City of Savannah and shall serve at the pleasure of the governing authority. The Commissioner for the Poor shall receive a salary to be fixed by the governing authority of the city at a salary level reasonably consistent with the salary of other city department heads. The duties and responsibilities of the Commissioner for the Poor shall include the following: (a) Defining and locating indigent and poor people who reside in the City of Savannah; (b) Providing aid, assistance and education of the poor and indigent in ways which are consistent with improving their quality of life. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the Georgia General Assembly a bill to amend the charter of the Mayor and Aldermen of the City of Savannah and the several Acts supplementary thereof, so as to create the office of the Commissioner for the Poor; and for other purposes. This 12th day of January, 1978. /s/ Bobby L. Hill State Representative Georgia, Chatham County. Personally appeared before me Frankie R. Fort to me known, who being by me sworn, deposes and says: That she is the Legal Agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; that said corporation is the publisher of the

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Savannah Evening Press, a daily newspaper published in said county; that she is authorized to make affidavits of publication on behalf of said publisher corporation; that said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; that she has reviewed the regular editions of the Savannah Evening Press published on January 16, 1978, January 23, 1978 and January 30, 1978 and finds that the following above advertisement, appeared in each of said editions. /s/ Frankie R. Fort (Deponent) Sworn to and subscribed before me, this 30 day of June, 1978. /s/ Patricia Brant Fort Notary Public, Georgia, State at Large. My Commission Expires Oct. 13, 1981. (Seal). Approved March 13, 1978. SHERIFF'S SALARIES IN CERTAIN COUNTIES (10,450-10,650). No. 905 (House Bill No. 1814). AN ACT To provide the annual salary of the sheriff in all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. In all counties of the State having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census, the sheriff shall receive an annual salary of $14,100, to be paid in equal monthly installments at the end of each calendar month from county funds. In addition, the sheriff may receive an expense allowance if provided by local law. Such salary and contingent expense allowance shall be in lieu of all fees, costs, fines, forfeitures, commissions, insolvent costs, penalties, funds, monies and all other emoluments and perquisites of whatever kind which shall be allowed the sheriff and said salary shall also include all fees, costs, fines, forfeitures, commissions, insolvent costs, penalties, funds, monies and all other emoluments or perquisites of whatever kind which shall be allowed said sheriff in his official capacity or as an official or agent for any court, department or official of the county or State. Section 2. This Act shall become effective on the first 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 13, 1978. HALL COUNTYWATER AND SEWER DISTRICTS. No. 906 (House Bill No. 1821). AN ACT To authorize the governing authority of Hall County to create special districts within the county for the purposes of providing sewer and water services; to require that the creation of such a district shall be subject to the approval of voters residing within the

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district; to provide for powers and duties of districts; to authorize the levy of ad valorem property taxes; to authorize the issuance of certain revenue obligations; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The governing authority of Hall County may create within the county one or more special districts to provide water or sewer services, or water and sewer services, within the district. No special district may be created as provided in the Section unless the creation of the district is approved by a majority of the qualified voters of the district voting in an election held for that purpose. Section 2. Any special district created as provided in this Act may exercise, within the discretion of the governing authority of Hall County, all those powers which may be exercised by an authority pursuant to the provisions of the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as such law may now or hereafter be amended. The exercise of such powers, however, shall be solely for the purpose of providing water and sewer services within the district and for performing all activities and functions appropriate to providing such services, and may be supplemented with additional powers, as determined by the governing authority of Hall County, appropriate to providing such services. Section 3. The governing authority of Hall County may levy a tax upon the taxable property in each special district created pursuant to this Act for the purpose of constructing and maintaining facilities for providing water and sewer services within the district. Section 4. The issuance of all bonds and bond anticipation certificates issued with respect to a special district created by the governing authority of Hall County as provided in this Act shall be subject to the same procedures and limitations as provided for bonds and bond anticipation notes of an authority pursuant to the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as such law may now or hereafter be amended.

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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. Notice of Intention to Introduce Local Legislation. Notice is hereby given that legislation will be introduced during the 1978 session of the General Assembly of Georgia to authorize the establishment by Hall County, Georgia, of special districts to provide water and sewerage services; to authorize County taxation for the construction and maintenance of such facilities; to provide for a referendum; and for other purposes. /s/ Joe T. Wood Representative Post 1, District 9 /s/ Douglas Whitmire Representative Post 2, District 9 /s/ Jerry Jackson Representative Post 3, District 9 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson who, on oath, deposes and says that he/she is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 25, 1978, February 1, 1978, February 8, 1978. /s/ Jerry D. Jackson Representative, 9th District

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Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. HABERSHAM COUNTYSMALL CLAIMS COURT CREATED. No. 907 (House Bill No. 1825). AN ACT To create and establish a Small Claims Court in and for Habersham 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 for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to provide 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. There is hereby created and established a Small Claims Court in and for Habersham 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 in civil cases by the laws of the State of Georgia. Section 2. (a) Any person elected or appointed as a judge of the Small Claims Court created by this Act must have been a resident of Habersham County for five years immediately preceding the date of the election or appointment of such judge, must be at least twentyfive years of age, must have completed two years of college education and have at least an associate degree, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Habersham 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.

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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 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. (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

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be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) 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 $12.50 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 $12.50. 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 $12.50 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

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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. 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 Habersham County may, from time to time, make rules for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and

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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 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:

Page 3547

Small Claims Court of Habersham County

Page 3548

Page 3549

Section 18. The Judge of the Small Claims Court of Habersham County shall be elected by the electors of Habersham County for a term of office of four years and until his successor is duly elected and qualified. The initial judge shall be elected in the general election to be held in November, 1978, and shall take office on January 1, 1979. Thereafter successors to the office of Judge of the Small Claims Court of Habersham County shall be elected in the general election to be held immediately preceding the expiration of a term of office and the persons so elected shall take office on the first day of January immediately following their election for terms of office of four years and until their respective successors are duly elected and qualified. All vacancies in the office of judge shall be filled by appointment of a successor by the Judge of the State Court of Habersham County from a list of five nominees selected by the grand jury of Habersham County, 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, may be furnished by the Board of County Commissioners. They may 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 the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. It shall be the duty of the judge of the Small Claims Court to hold a session of court on the first Saturday of each month, or the second Saturday if the first Saturday falls on a legal holiday, and to hold evening sessions of such court as necessary to permit the attendance of persons who are unable to attend court during the normal working day.

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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. 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, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. 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. 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. This Act shall become effective on January 1, 1979, except the provisions necessary for the election of the initial judge which shall become effective immediately upon approval of this Act by the Governor or upon its becoming law without his approval. Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create a small claims court for Habersham County; and for other purposes. This 21st day of January, 1978. /s/ Bill Dover Representative, 11th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, William Dover who, on oath, deposes and says that he/she is Representative from the 11th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri County Advertiser which is the official organ of Habersham County, on the following dates: January 26, 1978, February 2, 1978 and February 9, 1978. /s/ William Dover Representative, 11th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF FORSYTHPUBLICATION OF NOTICE TO ADOPT ORDINANCES. No. 908 (House Bill No. 1833). AN ACT To amend an Act creating a new charter for the City of Forsyth, approved March 23, 1977 (Ga. Laws 1977, p. 3980), so as to provide for publication of notice to adopt ordinances; 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 Forsyth, approved March 23, 1977 (Ga. Laws 1977, p. 3980), is hereby amended by striking from subsection (b) of Section 2.305, relating to procedure for adoption of ordinances, the following: the, and inserting in lieu thereof the following: a notice of, and by striking subsection (c) of that Section in its entirety and inserting in lieu thereof the following: (c) The notice shall describe the ordinance in brief and general terms and state that it is available for public inspection at the office of the city clerk., and by inserting in subsection (d) of that Section, between the words publication of the and proposed ordinance the following: notice of a, and by striking from subsection (e) of that Section the following: the amended sections,

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and inserting in lieu thereof the following: a notice of amendment, so that when so amended, Section 2.305 shall read as follows: 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 a notice of proposed ordinance in a local newspaper for two consecutive weeks. (c) The notice shall describe the ordinance in brief and general terms and state that it 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 notice of a 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 which constitutes a change of substance, it shall not finally pass the ordinance until it shall have caused a notice of amendment 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.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an Act creating a new charter for the City of Forsyth, approved March 23, 1977 (Ga. Laws 1977, p. 3980), so as to provide for publication of notices of proposed ordinances; and for other purposes. This 13th day of January, 1978. /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/she is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Monroe County Reporter which is the offical organ of Monroe County, on the following dates: January 18, 25 and February 1, 1978. /s/ Benson Ham Representative, 80th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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MONROE COUNTYSHERIFF'S COMPENSATION, ETC. No. 909 (House Bill No. 1834). AN ACT To amend an Act to abolish the present method of compensating the Sheriff of Monroe County, approved February 28, 1966 (Ga. Laws 1966, p. 2715), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2753), so as to authorize the grand jury to arbitrate and decide certain disputes; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to abolish the present method of compensating the Sheriff of Monroe County, approved February 28, 1966 (Ga. Laws 1966, p. 2715), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2753), is hereby amended by striking in its entirety Section 6 thereof, which reads as follows: 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 or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final., and inserting in lieu thereof a new Section 6, to read as follows: 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 or salaries and all other matters included in said appeal. The determination made by said grand jury shall be final. Section 2. This Act is enacted pursuant to the terms and provisions of a certain amendment to Article IX, Section I, Paragraph VI

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of the Constitution of Georgia proposed by the General Assembly of Georgia at the 1978 regular session, to be voted on by certain qualified voters of this State at the general election of 1978, which amendment gives to the General Assembly the power and authority to enact such provisions. This Act shall become effective only if said amendment shall be ratified and adopted at said election of 1978, and if so ratified and adopted 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 there will be introduced at the regular 1978 Session of the General Assembly of Georgia a bill to amend an Act abolishing the present method of compensating the Sheriff of Monroe County, approved February 28, 1966 (Ga. Laws 1966, p. 2715), as amended, so as to authorize the grand jury to arbitrate certain matters; to repeal conflicting laws; and for other purposes. This 21st day of January, 1978. /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/she is Representative from the 80th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Monroe County Reporter which is the official organ of Monroe County, on the following dates: January 25, February 1 and February 8, 1978. /s/ Benson Ham Representative, 80th District

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Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. MERIWETHER COUNTYSALARY ACT AMENDED. No. 911 (House Bill No. 1991). AN ACT To amend an Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 24, 1975 (Ga. Laws 1975, p. 2522) and an Act approved February 27, 1975 (Ga. Laws 1975, p. 2579), so as to change the compensation of the sheriff; to change the compensation of the deputies of the sheriff; to change the compensation provisions relating to the clerk of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, the Clerk of the Superior Court, the Judge of the Probate Court and the Coroner of Meriwether County on a salary basis in lieu of the fee system of compensation, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended, particularly by an Act approved February 24, 1975 (Ga. Laws 1975, p. 2522) and an Act approved February 27, 1975 (Ga. Laws 1975, p. 2579), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

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Section 2. The sheriff shall be compensated in the amount of not less than fifteen thousand dollars ($ 15,000.00) per annum and not more than sixteen thousand five hundred dollars ($ 16,500.00) per annum, the exact amount to be fixed by the Board of Commissioners of Meriwether County, payable in equal monthly installments from the funds of Meriwether County. He shall be furnished a fully equipped motor vehicle to use in the performance of his official duties. The sheriff shall be authorized to appoint a chief deputy sheriff to assist him in the performance of his duties. The compensation of the chief deputy sheriff shall be fixed by the Board of Commissioners of Meriwether County and shall be not less than six hundred dollars ($600.00) per month nor more than eight hundred fifty dollars ($850.00) per month. The sheriff shall also be authorized to employ one full-time deputy sheriff and such other full-time deputy sheriffs as are approved by the Board of Commissioners of Meriwether County. The compensation of each full-time deputy sheriff shall be fixed by said board of commissioners but shall not exceed seven hundred fifty dollars ($750.00) per month. Said compensation shall be payable from the funds of Meriwether County. The sheriff may employ part-time deputy sheriffs when necessary during the times which are authorized by the board of commissioners. The compensation for a part-time deputy sheriff shall be fixed by said board of commissioners and shall be at a rate for the time employed not to exceed six hundred dollars ($600.00) per month each, payable from the funds of Meriwether County. The county shall furnish the deputy sheriffs with one fully equipped motor vehicle and such other fully equipped motor vehicles as the Board of Commissioners of Meriwether County shall determine to be necessary to be used by the sheriff and deputy sheriffs in the performance of their official duties. All gasoline, oil and other related maintenance expenses for the sheriff's vehicle and the other vehicles authorized shall be borne by the county. In addition, the sheriff may employ or receive three hundred dollars ($300.00) per month for a jailer or turnkey. The expenses for boarding prisoners shall be paid for out of county funds. Section 2. Said Act is further amended by striking 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 Meriwether County shall receive a minimum salary of ten thousand dollars

Page 3559

($10,000.00) per annum, payable in equal monthly installments from the funds of Meriwether County. The judge of the probate court may employ a clerk whose compensation shall be determined by the Board of Commissioners of Meriwether County in an amount not less than six thousand six hundred dollars ($6,600.00) per annum and not more than eight thousand four hundred dollars ($8,400.00) per annum, payable in equal monthly installments from the funds of Meriwether County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an Act placing the sheriff, clerk of superior court, judge of probate court and coroner of Meriwether County on a salary basis, approved April 5, 1961 (Ga. Laws 1961, p. 3456), as amended; and for other purposes. This 26th day of January, 1978. /s/ Claude A. Bray, Jr. Representative, 70th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Claude A. Bray, Jr., who, on oath, deposes and says that he is Representative from the 70th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Meriwether Vindicator which is the official organ of Meriwether County, on the following dates: February 3, 1978, February 10, 1978, and February 17, 1978. /s/ Claude A. Bray, Jr. Representative, 70th District

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Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. SUMTER COUNTYCOMPENSATION OF DEPUTY CLERKS. No. 912 (House Bill No. 1992). AN ACT To amend an Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3152), so as to change the compensation of the deputy clerks; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3152), is hereby amended by striking from Section 7 the following: Clerk I $6,634.00 per year Clerk II $5,136.00 per year, and inserting in lieu thereof the following: Clerk I $7,234.00 per year Clerk II $5,736.00 per year,

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so that when so amended Section 7 shall read as follows: Section 7. The employees of the clerk of the courts enumerated in Section 1 shall be paid annual salaries, payable in equal monthly installments, out of the funds of Sumter County as follows: Clerk I $7,234.00 per year Clerk II $5,736.00 per year. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1978 Session of the General Assembly of Georgia, a bill to amend the Act abolishing the fee system of compensating the Clerk of the Superior Court and the Clerk of the State Court of Sumter County, Georgia, and providing in lieu thereof an annual salary, approved February 14, 1957 (Ga. Laws 1957, p. 2095), as amended, so as to provide a cost-of-living salary increase for the position of Deputy Clerk, which local Act is required in order to grant the Deputy Clerks the same cost-of-living increase granted by the Sumter County Commissioners to all other county employees; and for other purposes. This 3rd day of February, 1978. /s/ Hugh Carter Senator, 14th District /s/ Don Castleberry Representative /s/ Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill 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

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organ of Sumter County, on the following dates: February 3, 1978, February 10, 1978 and February 17, 1978. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. DEKALB COUNTYCOMMUTATION TAX IN LIEU OF ROAD WORK REPEALED. No. 913 (House Bill No. 1626). AN ACT To repeal an Act entitled An Act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition, in writing, to the Commissioners of Roads and Revenues of said county of a majority of the persons subject to road duty in such district., approved August 26, 1889 (Ga. Laws 1888-89, p. 1225); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition, in writing, to the Commissioners of Roads and Revenues of said county of a majority of the persons subject to road duty in such district., approved August 26, 1889 (Ga. Laws 1888-89, p. 1225), is hereby repealed in its entirety. 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 1978 Session of the General Assembly of Georgia, a bill to repeal an Act to provide for a commutation tax in lieu of road work in any militia or road district in the county of DeKalb, upon the petition, in writing, to the Commissioners of Roads and Revenues of said County of a majority of the persons subject to road duty in such district, approved August 26, 1889 (Ga. Laws 1888-89, p. 1225); and for other purposes. This 6th day of January, 1978. /s/ George Williamson Representative, 45th District Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intent to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26 day of January, 1978 and February 2, 1978. /s/ Gerald W. Crane, Publisher Sworn to and subscribed before me, this 2nd day of Feb., 1978. /s/ Betty M. Brand Notary Public. My Commission Expires Oct. 18, 1981. (Seal). Approved March 13, 1978.

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THOMAS COUNTYCOMPENSATION OF SHERIFF. No. 914 (House Bill No. 1627). AN ACT To amend an Act placing the Sheriff of Thomas County, Georgia, on a salary system of compensation in lieu of the fee system, approved March 10, 1964 (Ga. Laws 1964, p. 2497), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2560), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Thomas County, Georgia, on a salary system of compensation in lieu of the fee system, approved March 10, 1964 (Ga. Laws 1964, p. 2497), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2560), is hereby amended by striking the words, symbols and figure twelve thousand ($12,000.00) dollars in the first sentence of Section 2 in their entirety and inserting in lieu thereof the words, symbols and figure twenty-two thousand five hundred dollars ($22,500.00), so that Section 2, when so amended, shall read as follows: Section 2. The Sheriff of Thomas County shall be compensated in the amount of twenty-two thousand five hundred dollars ($22,500.00) per annum, to be paid in equal monthly installments from the funds of Thomas County at the end of each calendar month. Such compensation shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said sheriff, including his service as an ex officio officer by virtue of his office, except said salary. All such fees, costs, commissions,

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forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said sheriff, including his service as an ex officio officer by virtue of his office, shall be received and collected by said sheriff for the sole use of Thomas County and shall be the property of Thomas County, and said county is hereby subrogated to all rights, claims and liens of said sheriff therefor. Such funds shall be held as public funds belonging to Thomas County and shall be accounted for and paid to the fiscal authority of Thomas County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Thomas County shall not pay the monthly compensation to said sheriff herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said fiscal authority. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Thomas County upon an annual salary in lieu of the fee system of compensation, approved March 10, 1964 (Ga. Laws 1964, p. 2497), as amended, so as to change the compensation of the sheriff; and for other purposes. This 27th day of January, 1978. /s/ Henry P. Russell, Jr. Senator, 10th District /s/ James W. Keyton Representative, 143rd District Georgia, Thomas County. Personally appeared before the undersigned attesting officer, L. Edward Kelly, Jr., who after being first duly sworn on oath says and certifies that he is secretary and publisher of the Times Enterprise

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Company, a corporation, publishers of the Thomasville Times Enterprise, a daily newspaper published in Thomasville, Thomas County, Georgia, which is the newspaper in which sheriff's advertisements for Thomas County are published, and he does further swear and certify that an exact copy of the attached and foregoing notice of intention to apply for local legislation was published in the Thomasville Times Enterprise, daily edition on January 27, February 3 and February 10, 1978. /s/ L. Edward Kelly, Jr. Sworn to and subscribed before me, this the 13th day of February, 1978. /s/ Lea W. Sampson Notary Public, Georgia State at Large. My Commission Expires Feb. 16, 1980. (Seal). Approved March 13, 1978. TOWN OF COLLINSVILLECHARTER REPEALED. No. 915 (House Bill No. 1630). AN ACT To repeal an Act entitled An Act to incorporate the town of Collinsville, in the county of DeKalb, and grant certain powers and privileges to said town, and for other purposes., approved October 24, 1887 (Ga. Laws 1886-87, p. 611); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to incorporate the town of Collinsville, in the county of DeKalb, and grant certain powers and privileges to said town, and for other purposes., approved October

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24, 1887 (Ga. Laws 1886-87, p. 611), is hereby repealed 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 1978 Session of the General Assembly of Georgia, a bill to repeal an Act to incorporate the town of Collinsville, in the County of DeKalb, and grant certain powers and privileges to said town, approved October 24, 1887 (Ga. Laws 1886-87, p. 611); and for other purposes. This 6th day of January, 1978. /s/ George Williamson Representative, 45th District Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intent to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 19, 26 day of Jan., 1978 and Feb. 2, 1978. /s/ Gerald W. Crane Publisher Sworn to and subscribed before me, this 2nd day of Feb., 1978.

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/s/ Betty M. Brand Notary Public. My Commission Expires Oct. 18, 1981 (Seal). Approved March 13, 1978. TOWN OF CONSTITUTIONCHARTER REPEALED. No. 916 (House Bill No. 1631). AN ACT To repeal an Act to incorporate the town of Constitution, to provide for its succession to the rights, powers and duties of the town of Constitution heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same, and to provide for all matters of municipal cognizance, to define the corporate limits of said town, and to provide for a Mayor and Council of the said town, and to prescribe their powers and duties, to confer upon the said Mayor and Council certain powers and duties, and the power to enact municipal ordinances for said term, and to provide for the enforcement of the same, to provide for public improvements, to define the police power of the same, and to provide police regulations for the said town, to provide for the election of officers, and for other purposes, approved August 19, 1912 (Ga. Laws 1912, p. 772); to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to incorporate the town of Constitution, to provide for its succession to the rights, powers and duties of the town of Constitution heretofore created by order of the DeKalb Superior Court, to provide a municipal government for the said town and confer certain rights, powers and privileges on the same, and to provide for all matters of municipal cognizance, to define the corporate limits of said town, and to provide for a Mayor and Council of the said town, and to prescribe their powers and duties, to confer upon the said Mayor and Council certain powers and duties, and

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the power to enact municipal ordinances for said term, and to provide for the enforcement of the same, to provide for public improvements, to define the police power of the same, and to provide police regulations for the said town, to provide for the election of officers, and for other purposes, approved August 19, 1912 (Ga. Laws 1912, p. 772), is hereby repealed 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 1978 Session of the General Assembly of Georgia, a bill to repeal an Act to incorporate the town of Constitution approved August 19, 1912 (Ga. Laws 1912, p. 772); and for other purposes. This 6th day of January, 1978. /s/ George Williamson Representative, 45th District Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intent to Introduce Local Legislation, a true copy of which is hereto annexed. was published in said newspaper in its issue of the 19, 26, day of Jan., 1978 and February 2, 1978. /s/ Gerald W. Crane, Publisher

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Sworn to and subscribed before me, this 2nd day of Feb., 1978. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 13, 1981. (Seal). Approved March 13, 1978. HALL COUNTYSUPERIOR COURT CLERK'S BOND, ETC. No. 917 (House Bill No. 1632). AN ACT To require the Clerk of the Superior Court in Hall County to execute a bond in a specified amount; to require a bond of the chief deputy of the clerk; to provide for payment of bond premiums out of 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. (a) The Clerk of the Superior Court in Hall County shall execute bond in the amount of $ 100,000, the provisions of Code Section 24-2713 to the contrary notwithstanding. (b) The chief deputy of the clerk shall execute bond in the amount of $ 100,000. (c) The premium or other cost of the bonds required pursuant to this Section shall be paid by the governing authority of Hall County out of 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. Notice is given that there will be introduced at the regular 1978 session of the General Assembly a bill to change the Fidelity Bond of the Clerk of the Superior Court of Hall County and his Chief Clerk. /s/ Jerry Jackson Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 18, 1978, January 25, 1978 and February 1, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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FORSYTH COUNTY CIVIL SERVICE SYSTEM ACT. No. 918 (House Bill No. 1634). AN ACT To create and establish a civil service system in Forsyth County for employees of Forsyth County; to provide for a short title; to provide for exemptions; to create a civil service board; to prescribe the duties and functions of the board; to provide that the board shall hold public meetings, after which the board shall propose to the governing authority of Forsyth County, rules and regulations to be adopted by the governing authority for the Forsyth County Civil Service System, providing for the selection, promotion and demotion of personnel, job classifications and prescribed qualifications of personnel; to provide that when said rules and regulations proposed by the civil service board are approved and adopted by the governing authority of Forsyth County they shall have the force of law and be binding upon all departments and offices of the county; to provide for the manner of conducting hearings by the civil service board; to provide the number and manner of selection of members of said board; to provide for appeals to the board by employees under the civil service system who have been dismissed from employment; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. This Act shall be known and may be cited as the Forsyth County Civil Service System Act. Section 2. There is hereby created and established a civil service system of personnel administration, to be known as the Forsyth County Civil Service System. All employees of Forsyth County shall be members of the Forsyth County Civil Service System except: Elected officers of the county, members of appointed boards, members of commissions and authorities, the county attorney, the county physician, part-time employees, hourly wage earners, and other employees expressly exempt by law. Section 3. (a) There is hereby established a civil service board composed of three (3) citizens who shall be freeholders of Forsyth County, who are not employees of Forsyth County, who have paid

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their taxes to date and who have been residents of Forsyth County for two (2) years or more. No member of the civil service board shall have held political office or have been a salaried employee of Forsyth County during the three (3) months immediately preceding his appointment. The three (3) members shall elect a chairman and a vice-chairman. (b) Members of the civil service board shall be selected and appointed for a term of four (4) years each, and shall serve until their successors are appointed and qualified. The members of the civil service board shall be selected and appointed in the following manner: One member shall be selected by the elected county officials, namely, clerk of the superior court, tax commissioner, sheriff and judge of the probate court who shall have one vote each and the board of county commissioners who shall have only one vote which shall be cast by a majority of said board and the person so selected by said county officials shall be appointed to the civil service board by the governing authority of Forsyth County. The second member shall be selected by a majority of the employees of Forsyth County (other than the aforesaid elected officials), who shall be eligible to come under the provisions of this Act and who are in the employ of Forsyth County on a full-time basis on the effective date of this Act or so employed thereafter. The governing authority of Forsyth County shall appoint the person so selected within five (5) days after being advised of the selection. The third member of the civil service board shall be selected by the two (2) members selected by the elected officials and the full-time county employees and the person selected shall be appointed to the board by the governing authority of Forsyth County within five (5) days after being advised of the selection. No member of the civil service board may be removed from office prior to the expiration of his term except for cause after having been granted a notice and afforded a hearing before the governing authority of said county. Prior to said hearing said member shall be served 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 said hearing with written specifications of the charges against him. Vacancies on the civil service board shall be filled in the same manner as appointments.

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(c) Members of the civil service board shall receive no compensation for their services. Section 4. It shall be the duty, function and responsibility of the civil service board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the civil service board shall be open and held in offices provided therefor by the governing authority of Forsyth County. The governing authority of said county is hereby authorized to provide necessary clerical assistance to the board. 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. Section 5. The duties and functions of the civil service board shall be as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system, and thereafter recommend to the governing authority of Forsyth County the adoption of rules, regulations and standards effectuating the civil service system established under the provisions of this Act. If the governing authority shall fail to adopt such rules, regulations and standards within 45 days, they shall become of full force and effect unless the governing authority shall conduct public hearings thereon in which event the governing authority may change, modify or disapprove such rules, regulations, or standards. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system or the civil service board. The rules and regulations shall provide for the establishment of a register of persons eligible for appointment under the civil service system, provided that no elected county officer shall be required to choose personnel solely from said register, but the personnel employed by such county officer shall be required to meet the same minimum requirements in accordance

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with such rules and regulations as may be adopted. Said rules and regulations when adopted by the governing authority of Forsyth County or otherwise becoming effective, shall have the force of law and be binding upon all departments and offices of the county. (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. (c) The civil service board shall keep and maintain an accurate record of minutes and shall be furnished clerical assistance by the governing authority to keep and maintain its minutes and records. (d) Said board shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time and when said amendments, changes, or additions are adopted by the governing authority of Forsyth County, said amendments shall have the force of law and be binding on all partices affected by said civil service system. Section 6. No employee of any department or office of the county may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the civil service board, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the civil service board; provided, however, that such dismissed employee must file his appeal with the board in writing within ten days from the date of his dismissal. The appeal shall be heard at the next regular or special meeting of the civil service board after the appeal is filed. The appeal must be heard and determined by the board within forty-five (45) days of the date the appeal is filed with the board. The decision of the board shall be binding upon the governing authority of said county as to whether such dismissal was for proper cause. Section 7. All costs for expenses, supplies for the establishment and operation of the civil service system and civil service board shall be borne by the county and paid out of county funds as a cost of administration.

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Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the January, 1978 session of the General Assembly of Georgia, legislation creating a civil service system in Forsyth County for employees of Forsyth County and creating a civil service board and prescribing the duties and functions of such board, and for other purposes. This 10th day of January, 1978. Emory Lipscomb County Attorney Forsyth County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Forsyth County News which is the official organ of Forsyth County, on the following dates: January 18, 1978, January 25, 1978 and February 1, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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COOK COUNTYELECTION OF CHAIRMAN OF BOARD OF COMMISSIONERS. No. 919 (House Bill No. 1635). AN ACT To amend an Act creating a Board of Commissioners for Cook County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2300), so as to change the provisions relating to the election of the Chairman of the Board of Commissioners; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners for Cook County, approved August 12, 1919 (Ga. Laws 1919, p. 627), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2300), is hereby amended by striking from subsection (a) of Section 17, the following: The Chairman shall be elected at the first regular meeting in January of each year on a rotation system, and no member shall be eligible to serve as Chairman until a member has been elected to serve as Chairman from each one of the other four Commissioner Districts., and inserting in lieu thereof the following: The Chairman shall be elected at the first regular meeting in January of each year by the members of the Board of Commissioners, from among the members of the Board of Commissioners., so that when so amended subsection (a) of Section 17 shall read as follows: (a) The Chairman of the Board of Commissioners shall receive one hundred dollars ($100.00) per month, and the other members of the Board of Commissioners shall each receive seventy-five dollars ($75.00) per month. The Chairman shall be elected at the first regular meeting in January of each year by the members of the

Page 3578

Board of Commissioners, from among the members of the Board of Commissioners. No expenses shall be paid to the Commissioners except for actual expenses incurred by them in carrying on county business while outside Cook County. The last item shall be paid only when authorized by the whole Board and submitted as an itemized statement to the clerk of said Board. The above authorized compensation and expenses shall be paid from the funds of the county each month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the 1978 Session of the General Assembly of Georgia an Act amending the local law providing for the method for electing the chairman of County Commissioners, which amendment will provide that the chairman shall be elected at the first regular meeting in January of each year, with no restriction as to the person or the Commission District a person represents, on a Commissioners being eligible to serve as Chairman. This 10th day of January, 1978. County Commissioners of Cook County By: James G. Connell, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover C. Patten, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News which is the official organ of Cook County, on the following dates: January 11, 18 and 25, 1978. /s/ Grover C. Patten Representative, 146th District

Page 3579

Sworn to and subscribed before me, this 17th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT AMENDED. No. 920 (House Bill No. 1637). AN ACT To amend an Act to create the Gainesville and Hall County Development Authority, approved March 3, 1964 (Ga. Laws 1964, p. 2282), so as to change the definition of the term project, for the purposes of the 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 create the Gainesville and Hall County Development Authority, approved March 3, 1964 (Ga. Laws 1964, p. 2282), is hereby amended by adding at the end of subsection (b) of Section 3 thereof, the following: The word `project' shall also mean and include the acquisition, development and management of a site or sites deemed suitable for an industrial park or parks. For purposes of the preceding sentence, the term `development' shall include making provision for water, sewage, drainage, transportation, power, communication and/or similar facilities which are incidental to the use of a site as the industrial park.,

Page 3580

so that when so amended subsection (b) of Section 3 shall read as follows: (b) The word `project' shall be deemed to mean and include the acquisition of lands, properties, and improvements for development, expansion and promotion of industry, commerce, agriculture, natural resources and vocational training; the construction of buildings and plants for the purpose of selling, leasing or renting such structures to private persons, firms or corporations. The word `project' shall also mean and include the acquisition, development and management of a site or sites deemed suitable for an industrial park or parks. For purposes of the preceding sentence, the term `development' shall include making provision for water, sewage, drainage, transportation, power, communication and/or similar facilities which are incidental to the use of a site as the industrial park. 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 given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an act creating the Gainesville and Hall County Development Authority and the act under which said authority does now exist, March 3, 1964, Ga. L. 1964, Vol. II, p. 2282, as to amend the provisions of said act so as to add to the definition of the word project of said Authority the acquisition or development of land as the site for an industrial park and for other purposes. This 10th day of January, 1978. /s/ Joe T. Wood Representative, 9th District /s/ Doug Whitmire Representative, 9th District /s/ Jerry Jackson Representative, 9th District /s/ Howard T. Overby State Senator, 8th District

Page 3581

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jerry D. Jackson, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the New Gainesville Tribune which is the official organ of Hall County, on the following dates: January 11, 1978, January 18, 1978 and January 25, 1978. /s/ Jerry D. Jackson Representative, 9th District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. STATE COURT OF CLAYTON COUNTYJUDGE'S SALARY. No. 921 (House Bill No. 1651). AN ACT To amend an Act creating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2708), so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3582

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. Laws 1964, p. 2032), as amended, particularly by an Act approved March 13, 1975 (Ga. Laws 1975, p. 2708), is hereby amended by striking from Section 3 the following: twenty-five thousand ($25,000.00) dollars, and inserting in lieu thereof the following: $30,000.00, so that when so amended Section 3 shall read as follows: Section 3. Judge's Salary. The Judge of the State Court of Clayton County shall receive a salary of $30,000.00 per annum which shall be paid monthly by the Board of Commissioners of Clayton County. The Judge of the State Court of Clayton County shall receive no other compensation for serving as judge of said court, and he shall not engage in the private practice of law in any capacity during his tenure as judge of said court, and he shall not be eligible to hold any other public office while serving as judge of said court. The salary of the judge shall be paid out of the general funds of Clayton County. Section 2. This Act shall become effective on the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the State Court of Clayton County, approved January

Page 3583

28, 1964, (Ga. Laws 1964, p. 2032), as amended; and for other purposes. This 10th day of January, 1978. /s/ Rudolph Johnson Representative, 72nd District /s/ William J. Lee Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 44th District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: January 10, 17, 24, 1978. /s/ Jim Wood Publisher Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Patricia A. Lisinski Notary Public, Georgia State at Large. My Commission Expires Dec. 21, 1979. (Seal). Approved March 13, 1978.

Page 3584

CLAYTON COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 922 (House Bill No. 1652). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2853), 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 Clayton County into the office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2853), is hereby amended by striking from Section 7 the following: twenty-one thousand dollars ($21,000.00), and inserting in lieu thereof the following: $22,050.00, so that when so amended, Section 7 shall read as follows: Section 7. The Tax Commissioner of Clayton County shall be compensated in the amount of $22,050.00 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. Laws 1937-38, Ex. Sess., p. 297),

Page 3585

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 the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act consolidating the office of Tax Receiver and Tax Collector of Clayton County into the office of Tax Commissioner of said County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended; and for other purposes. This 10th day of January, 1978. /s/ Rudolph Johnson Representative, 72nd District /s/ William J. Lee Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 44th District

Page 3586

Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: January 10, 17 and 24, 1978. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Patricia A. Lisinski Notary Public, Georgia State at Large. My Commission Expires Dec. 21, 1979. (Seal). Approved March 13, 1978. CLAYTON COUNTYCOMPENSATION OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 923 (House Bill No. 1653). AN ACT To amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2857), so as to change the compensation of said officers; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3587

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff and Clerk of the Superior Court of Clayton County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2857), is hereby amended by striking from Section 1 the following: twenty-one thousand dollars ($21,000.00) per year, and inserting in lieu thereof the following: $22,050.00 per annum, so that when so amended Section 1 shall 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 $22,050.00 per annum, 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 the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff and Clerk of the Superior Court of Clayton

Page 3588

County on an annual salary, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended; and for other purposes. This 10th day of January, 1978. /s/ Rudolph Johnson Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 44th District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: January 10, 17 and 24, 1978. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Patricia A. Lisinski Notary Public, Georgia State at Large. My Commission Expires Dec. 21, 1979. (Seal). Approved March 13, 1978.

Page 3589

CLAYTON COUNTYSALARY OF JUDGE OF PROBATE COURT. No. 924 (House Bill No. 1654). AN ACT To amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2851), 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, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, particularly by an Act approved March 4, 1977 (Ga. Laws 1977, p. 2851), is hereby amended by striking from Section 1 the following: twenty-one thousand dollars ($21,000.00) per year, and inserting in lieu thereof the following: $22,050.00 per annum, so that when so amended Section 1 shall read as follows: Section 1. The salary herein named for the judge of the probate court shall be his full and complete compensation, and all fees or other emoluments now allowed or hereafter allowed by any authority of law, shall be county funds and accountable for as such. The salary of said judge of the probate court shall be $22,050.00 per annum, 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 the first 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 3590

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a blll to amend an Act placing the Judge of the Probate Court of Clayton County on an annual salary, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended; and for other purposes. This 10th day of January, 1978. /s/ Rudolph Johnson Representative, 72nd District /s/ William J. Lee Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 64th District Georgia, Clayton County. Personally appeared before the undersigned Jim Wood, who, on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: January 10, 17 and 24, 1978. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Patricia A. Lisinski Notary Public, Georgia State at Large. My Commission Expires Dec. 21, 1979. (Seal). Approved March 3, 1978.

Page 3591

TAX RETURNS IN CERTAIN COUNTIES (13,650-14,750). No. 925 (House Bill No. 1655). AN ACT To provide that in all counties of this State having a population of not less than 13,650 nor more than 14,750, according to the 1970 United States Decennial Census or any such future census, the local tax officials shall cease receiving tax returns on the first day of March; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. In all counties of this State having a population of not less than 13,650 nor more than 14,750, according to the 1970 United States Decennial Census or any such future census, the local tax officials shall close their books for the return of taxes on the first day of March of each year, notwithstanding the provisions of Code Section 92-6201 to the contrary. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1978.

Page 3592

WHITFIELD COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 926 (House Bill No. 1658). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Whitfield County into the office of tax commissioner of said county, approved February 27, 1960 (Ga. Laws 1960, p. 2019), as amended, so as to change the provisions relative to the compensation of said tax commissioner; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Whitfield County into the office of tax commissioner of said county, approved February 27, 1960 (Ga. Laws 1960, p. 2019), as amended, is hereby amended by adding immediately following Section 4 a new Section to be designated Section 4A to read as follows: Section 4A. The governing authority of Whitfield County is hereby authorized at its discretion to supplement the salary of the tax commissioner in the amount of $1,000.00 per annum, said supplement to be paid in equal monthly installments from the funds of Whitfield 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 1978 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioner of said county, approved February 27, 1960 (Ga. Laws 1960, p. 2019), as amended; and for other purposes.

Page 3593

This 9th day of January, 1978. /s/ John T. Minor, III County Attorney 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: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. WHITFIELD COUNTYCOMPENSATION OF NAMED COUNTY OFFICERS. No. 927 (House Bill No. 1659). AN ACT To amend an Act placing the Sheriff, Clerk of the Superior Court and Judge of the Probate Court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga.

Page 3594

Laws 1960, p. 2007), as amended, so as to change the provisions relative to the compensation of said sheriff, clerk of the superior court and judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff, Clerk of the Superior Court and Judge of the Probate Court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended, is hereby amended by adding immediately following Section 2 a new Section to be designated Section 2A to read as follows: Section 2A. The governing authority of Whitfield County is hereby authorized at its discretion to supplement the salaries of the sheriff, clerk of the superior court and judge of the probate court in the amount of $1,000.00 per annum for each officer, said supplement to be paid in equal monthly installments from the funds of Whitfield 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 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the sheriff, clerk of the superior court and judge of probate court of Whitfield County on a salary system of compensation, approved January 27, 1960 (Ga. Laws 1960, p. 2007), as amended; and for other purposes. This 9th day of January, 1978. /s/ John T. Minor, III County Attorney

Page 3595

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: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1978. Approved March 13, 1978. CITY OF DALTONMAXIMUM FINE IN RECORDER'S COURT. No. 928 (House Bill No. 1660). AN ACT To amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. Laws 1874, p. 181), as amended, so as to change the maximum fine and punishment which may be imposed by the recorder's court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, approved February 24, 1874 (Ga. Laws 1874, p. 181), as amended, is hereby amended by striking from the last sentence of Section 6 the following:

Page 3596

$300.00, and inserting in lieu thereof the following: $600.00, so that when so amended, the last sentence of Section 6 shall read as follows: The recorder shall have full power and authority to sentence any offender, upon conviction, to labor upon the streets or other public works in said city for a period not exceeding 60 days or by imprisonment not to exceed 60 days or to impose a fine not exceeding $600.00, any one or all in the discretion of the recorder. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act consolidating, amending and codifying the various Acts incorporating the city of Dalton approved February 24, 1874, (Ga. Laws 1874, p. 181), as amended; and for other purposes. This 9th day of January, 1978. /s/ M. Donald Ellis Mayor The City of Dalton 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/she is Representative from the 6th District, and that the attached copy of Notice of Intention to Introduce Local Legislation

Page 3597

was published in the Daily Citizen News which is the official organ of Whitfield County, on the following dates: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ R. L. Foster Representative, 6th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. BALDWIN COUNTYCOMPENSATION OF COUNTY COMMISSIONERS. No. 929 (House Bill No. 449). AN ACT To amend an Act creating a Board of County Commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 3958), so as to change the compensation which may be paid to said county 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 County Commissioners of Baldwin County, approved December 26, 1888 (Ga. Laws 1888, p. 286), as amended, particularly by an Act approved April 28, 1969 (Ga. Laws 1969, p. 3958), is hereby amended by striking from Section 9 the numbers and symbols $100.00 and $200.00 and inserting in lieu thereof the numbers and symbols $200.00 and

Page 3598

$500.00, respectively, so that when so amended, Section 9 shall read as follows: Section 9. Said commissioners shall receive as compensation for their services such salary as the grand jury of Baldwin County shall prescribe, which salary shall be paid by the treasurer of the county and shall be fixed at a sum not less than $200.00 per month nor greater than $500.00 per month. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. 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 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. /s/ Wilbur E. Baugh Representative, District 108 /s/ Bobby Eugene Parham Representative, District 109 /s/ 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 LegislationBoard of Commissioners was inserted

Page 3599

in space of legal advertisement as follows: Dec. 30, 1976, Jan. 6 and 13, 1977. /s/ Harold G. Foster Publisher Subscribed and sworn before me, this 20 days of January, 1977. /s/ Sybil H. Fowler Notary Public. (Seal). Approved March 13, 1978. BALDWIN COUNTYJURISDICTION, ETC., OF SMALL CLAIMS COURT. No. 930 (Senate Bill No. 542). AN ACT To amend an Act creating and establishing a Small Claims Court for Baldwin County, Georgia, approved April 21, 1967 (Ga. Laws 1967, p. 3312), as amended, so as to change the provisions relating to the jurisdiction of the Small Claims Court of Baldwin County; to change the provisions relating to cost of service; to change the provisions relating to fines and punishment; 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 of Baldwin County, Georgia, approved April 21, 1967 (Ga. Laws 1967, p. 3312), 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. There is hereby created and established in Baldwin County a small claims court, which court shall have civil jurisdiction in all cases ex contractu in which the principal amount of the

Page 3600

demand of damages claimed 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; and such jurisdiction shall include the power to issue writs of garnishment and attachment 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. Said Act is further amended by striking subsection (d) of Section 6 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $9.00. 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. Section 3. Said Act is further amended by striking Section 23 in its entirety and inserting in lieu thereof a new Section 23 to read as follows: Section 23. The Judge of the Small Claims Court of Baldwin County shall have the power to impose fines of not more than $50.00 or imprison for not longer than 120 hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an act creating the small claims court for Baldwin County, approved

Page 3601

April 21, 1967, (Ga. Laws 1967, p. 3312), as amended; and for other purposes. This 16th day of January, 1978. /s/ Culver Kidd, Senator 25th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Union-Recorder which is the official organ of Baldwin County, on the following dates: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Culver Kidd Senator, 25th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. Approved March 13, 1978. CRAWFORD COUNTYTAX COMMISSIONER'S EMPLOYEES. No. 931 (House Bill No. 1744). 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. Laws 1970, p. 3390), as amended, particularly by an Act approved

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March 11, 1977 (Ga. Laws 1977, p. 3128), so as to change the provisions relative to the appointment and compensation of personnel within the office of the Tax Commissioner of Crawford County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the Tax Commissioner of Crawford County and providing in lieu thereof an annual salary, approved March 24, 1970 (Ga. Laws 1970, p. 3390), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3128), 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 have the authority to appoint such personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office, subject to the approval of the governing authority of Crawford County. It shall be within the sole power and authority of the tax commissioner, during his term of office, to designate and name the person or persons who shall be employed, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Compensation of the person or persons employed by the tax commissioner, with the approval of the governing authority of Crawford County, shall be paid out of the funds of Crawford County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to change the provisions relative to the appointment and compensation of personnel

Page 3603

within the office of the Tax Commissioner of Crawford County; and for other purposes. This 8th day of January, 1978. /s/ 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/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1. 1981. (Seal). Approved March 13, 1978. CRAWFORD COUNTYPROBATE JUDGE'S SALARY. No. 932 (House Bill No. 1746). AN ACT To amend an Act abolishing the fee system of compensating the Ordinary of Crawford County (now the Judge of the Probate Court of Crawford County) and providing in lieu thereof an annual salary, approved March 26, 1969 (Ga. Laws 1969, p. 2391), as amended

Page 3604

by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2673), so as to change the compensation provisions relating to the Judge of the Probate Court of Crawford County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Ordinary of Crawford County (now the Judge of the Probate Court of Crawford County) and providing in lieu thereof an annual salary, approved March 26, 1969 (Ga. Laws 1969, p. 2391), as amended by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2673), 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 of Crawford County shall receive an annual salary of not less than $9,600.00 or such additional compensation as may be determined by the governing authority of Crawford County. In addition to such annual salary, the judge of the probate court in office on April 1, 1978, 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, 1978. The said judge of the probate 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, 1978. The judge of the probate court shall also receive an annual cost-of-living increase of $300.00 beginning April 1, 1978, and continuing thereafter. Any newly elected judge of the probate court shall receive an annual salary of not less than $9,600.00 or such additional compensation as may be determined by the governing authority of the county. After the newly elected judge of the probate court 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.

Page 3605

Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensating the Judge of the Probate Court of Crawford County and providing in lieu thereof an annual salary, approved March 26, 1969 (Ga. Laws 1969, p. 2391), as amended, so as to change the compensation provisions relating to the Judge of the Probate Court of Crawford County; and for other purposes. This 8th day of January, 1978. /s/ 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/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3606

GWINNETT COUNTYEXPENSE ALLOWANCES FOR BOARD OF EDUCATION MEMBERS. No. 933 (House Bill No. 1758). AN ACT To provide for the salary and expense allowance of members of the Board of Education of Gwinnett County; to specifically repeal a Section of a certain 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. Each member of the Board of Education of Gwinnett County shall receive a salary of $100.00 per month and an expense allowance of $200.00 per month. Section 2. Section 2 of an Act approved April 7, 1972 (Ga. Laws 1972, p. 4058), which reads as follows: Section 2. Each member of the Board of Education of Gwinnett County shall be compensated in the amount of $100.00 per month., is hereby repealed in its entirety. Section 3. This Act is enacted pursuant to the terms and provisions of a certain amendment to Article VIII, Section V, Paragraph II(b) of the Constitution of Georgia proposed by the General Assembly of Georgia at the 1978 regular session, to be voted on by certain qualified voters of this State at the general election of 1978, which amendment gives to the General Assembly the power and authority to enact such provisions. This Act shall become effective only if said amendment shall be ratified and adopted at said election of 1978, and if so ratified and adopted this Act shall become effective January 1, 1979. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3607

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia a bill to change the compensation and allowances for members of the Board of Education of Gwinnett County; to repeal conflicting laws; and for other purposes. This 11 day of Jan. 1977. /s/ R. T. Phillips Representative, 59th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. T. Phillips who, on oath, deposes and says that he is Representative from the 59th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gwinnett Daily News which is the official organ of Gwinnett County, on the following dates: January 20, 27, and February 3, 1978. /s/ R. T. Phillips Representative, 59th District Sworn to and subscribed before me, this 9th day of February, 1978. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved March 13, 1978.

Page 3608

STATE COURT OF HABERSHAM COUNTYSOLICITOR'S SECRETARY. No. 934 (House Bill No. 1757). AN ACT To amend an Act entitled An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes, approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3654), so as to change the maximum compensation of the secretary of the Solicitor of the State Court of Habersham County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled An Act to provide for a secretary for the Solicitor of the State Court of Habersham County; to fix the compensation for such secretary and provide for payment of same; to provide an effective date; to repeal conflicting laws; and for other purposes, approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3654), is hereby amended by striking the first sentence from Section 1 of said Act and substituting in lieu thereof the following sentence: The Solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary not to exceed $250.00 per month, to be approved by the Habersham County Board of Commissioners and to be paid monthly from the funds in the county treasury., so that when so amended, Section 1 shall read as follows: Section 1. The Solicitor of the State Court of Habersham County shall be authorized to employ a secretary at a salary not to exceed $250.00 per month, to be approved by the Habersham County Board of Commissioners and to be paid monthly from the funds in the county treasury. Said solicitor shall have the sole right to select the secretaries employed hereunder, who shall serve at the

Page 3609

pleasure of said solicitor, and who shall perform such duties and services as prescribed by the solicitor. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act approved April 13, 1973 (Ga. Laws 1973, p. 2709), as amended, for the purpose of increasing the maximum salary which may be paid to the Secretary of the Solicitor of the State Court of Habersham County. This 3rd day of January, 1978. /s/ John C. Foster Senator, 50th District /s/ William J. Dover State Representative, 11th District Georgia, Habersham County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Amilee C. Graves, who, on oath, deposes and says that she is Publisher of the Tri-County Advertiser, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Tri-County Advertiser which is the official organ of Habersham County, on the following dates: January 12, 19, and 26, 1978. /s/ Amilee C. Graves Publisher Tri-County Advertiser

Page 3610

Sworn to and subscribed before me, this 1st day of February, 1978. /s/ Particia B. Irvin My Commission Expires May 5, 1980. (Seal). Approved March 13, 1978. CRAWFORD COUNTYSUPERIOR COURT CLERK'S EMPLOYEES. No. 935 (House Bill No. 1745). 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. Laws 1963, p. 2223), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3126), so as to change the provisions relative to the employment and compensation of the deputy clerk and other employees within the office of the Clerk of the Superior Court of Crawford County; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Crawford County upon an annual salary, approved March 15, 1963 (Ga. Laws 1963, p. 2223), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3126), is hereby amended by striking in its entirety subsection (c) of Section 1 and inserting in lieu thereof a new subsection (c) to read as follows: (c) The clerk shall have the right to employ a deputy clerk and such other employees as he deems necessary in the office of the Clerk of the Superior Court of Crawford County, subject to the approval of the governing authority of Crawford County. The salaries of such deputy clerk or other additional employees approved by the governing authority of Crawford County shall be paid out of the funds of Crawford County.

Page 3611

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to change the provisions relative to the employment and compensation of the deputy clerk and other employees within the office of the Clerk of the Superior Court of Crawford County; and for other purposes. This 8th day of January, 1978. /s/ 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/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Bryant Culpepper Representative, 98th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3612

SALARY ACT FOR COUNTY COMMISSION CLERKS IN CERTAIN COUNTIES REPEALED (2,750-3,250). No. 936 (House Bill No. 1276). AN ACT To repeal an Act fixing the compensation of the clerk of the board of county commissioners of all counties of this State having a population of not less than 2,750 nor more than 3,250, approved February 28, 1966 (Ga. Laws 1966, p. 2565); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of the clerk of the board of county commissioners of all counties of this State having a population of not less than 2,750 nor more than 3,250, approved February 28, 1966 (Ga. Laws 1966, p. 2565), 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 13, 1978.

Page 3613

GWINNETT COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 937 (House Bill No. 1295). AN ACT To amend an Act placing certain designated officers of Gwinnett County on a salary basis of compensation, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2643), so as to change the provisions relating to the compensation of the Clerk of the Superior 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 placing certain designated officers of Gwinnett County on a salary basis of compensation, approved February 23, 1956 (Ga. Laws 1956, p. 2535), as amended, particularly by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2643), is hereby amended by striking from subsection (b) of Section 2 the following: 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., so that when so amended subsection (b) of Section 2 shall read as follows: (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 three 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

Page 3614

and shall become effective at the end of each such year served 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 regular 1978 session of the General Assembly of the State of Georgia a bill amending an act approved, Ga. Laws 1977 session, page 240 (section2(b)) by deleting therefrom a portion of said section of said act. /s/ B. B. Harris Representative, 60th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, B. B. Harris who, on oath, deposes and says that he/she is Representative from the 60th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the official organ of Gwinnett County, on the following dates: December 23, December 30, 1977 and January 6, 1978. /s/ B. B. Harris Representative, 60th District Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3615

CITY OF VALDOSTAPOWERS OF BOARD OF EDUCATION. No. 938 (House Bill No. 1315). AN ACT To amend an Act establishing a system of public schools in the City of Valdosta, Georgia, and providing for the maintenance and support of the same, approved December 20, 1893 (Ga. Laws 1893, p. 453), as amended, so as to change the provisions relative to the powers and rights of the Board of Education for the City of Valdosta; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a system of public schools in the City of Valdosta, Georgia, and providing for the maintenance and support of the same, approved December 20, 1893 (Ga. Laws 1893, p. 453), as amended, is hereby amended by adding at the end of Section IV a new paragraph to read as follows: Notwithstanding any other provisions of this Act, the Board of Education for the City of Valdosta shall have such powers, privileges and immunities as are now, or hereafter may be, enjoyed by county boards of education unless otherwise prohibited by the Constitution or general law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act establishing a system of public schools in the City of Valdosta, Georgia, and providing for the maintenance and support of the same, approved December 20, 1893 (Ga. Laws 1893, p. 453), as amended; and for other purposes. This 20th day of December, 1977. /s/ James M. Beck Representative, 148th District

Page 3616

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/she 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 23, 1977, December 30, 1977 and January 4, 1978. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. LOWNDES COUNTYTAX COMMISSIONER'S COMPENSATION. No. 939 (House Bill No. 1316). AN ACT To amend an Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2701), as amended, so as to change the compensation provisions relating to

Page 3617

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 placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2701), 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. After the effective date of this Act, the salary of the Tax Commissioner of Lowndes County shall be $17,000.00. In addition to such annual salary, the tax commissioner shall also receive an additional amount equal to two percent of the base salary provided in the first sentence above for each year of service completed up to eight years and an additional amount equal to one percent of the base salary provided in the first sentence above for each year of service completed thereafter; provided, however, that the longevity increases provided for herein shall at no time exceed 25 percent of the base salary provided in the first sentence above. In addition to the compensation provided herein, the tax commissioner shall also receive a cost-of-living increase whenever the employees of Lowndes County are granted such a cost-of-living increase by the governing authority of the county. The tax commissioner shall receive the same cost-of-living increase, either a certain amount or a percentage of the salary, as other employees of the county; provided, however, that such cost-of-living increase in any one year shall not exceed an amount which, when added to the longevity increase for that year, will result in a salary increase of more than five percent of the base salary herein provided. The compensation of the tax commissioner shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the tax commissioner in office on the effective date of this Act shall be adjusted according to the provisions of this Section, and he shall be given credit for all prior service served in said office. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed him as compensation, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered as tax commissioner for receiving and collecting taxes, or as agent for the sale of automobile license

Page 3618

tags or performing any other duty required of him by law; but nothing in this Act shall be construed to prevent said tax commissioner from receiving any retirement in addition to any salary which such tax commissioner has been paid during his tenure of office. Section 2. This Act shall become effective July 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Tax Commissioner of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2701), as amended, so as to change the compensation provisions relative to the tax commissioner; and for other purposes. This 20th day of December, 1977. /s/ 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/she 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 23, 1977, December 30, 1977 and January 4, 1978. /s/ James M. Beck Representative, 148th District

Page 3619

Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. LOWNDES COUNTYPROBATE JUDGE'S SALARY. No. 940 (House Bill No. 1317). AN ACT To amend an Act placing the Judge of the Probate Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2696), as amended, so as to change the compensation provisions relating to 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 Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2696), 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. After the effective date of this Act, the salary of the Judge of the Probate Court of Lowndes County shall be $14,000.00. In addition to such annual salary, the judge of the probate court shall also receive an additional amount equal to two percent of the base salary provided in the first sentence above for each year of service completed up to eight years and an additional amount equal to one percent of the base salary provided in the first sentence above for each year of service completed thereafter; provided, however, that the longevity increases provided for herein shall at no time exceed 25 percent of the base salary provided in the first sentence

Page 3620

above. In addition to the compensation provided herein, the judge of the probate court shall also receive a cost-of-living increase whenever the employees of Lowndes County are granted such a cost-of-living increase by the governing authority of the county. The judge of the probate court shall receive the same cost-of-living increase, either a certain amount or a percentage of the salary, as other employees of the county; provided, however, that such cost-of-living increase in any one year shall not exceed an amount which, when added to the longevity increase for that year, will result in a salary increase of more than five percent of the base salary herein provided. The compensation of the judge of the probate court shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the judge of the probate court in office on the effective date of this Act shall be adjusted according to the provisions of this Section, and he shall be given credit for all prior service served in said office. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed him as compensation, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered; but nothing in this Act shall be construed to prevent said judge of the probate court from receiving any retirement in addition to any salary which such judge of the probate court has been paid during his tenure of office. Notwithstanding any other provision of this Act, it is specifically provided that no sum of money or other gift donated or given to the judge of the probate court by any person for the performance of a marriage ceremony shall be construed to be fees, costs, fines, forfeitures, commissions, emoluments or perquisites; and any such gift or donation shall be the property of the judge of the probate court. Section 2. This Act shall become effective July 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3621

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Judge of the Probate Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2696), as amended, so as to change the compensation provisions relative to the judge of the probate court; and for other purposes. This 20th day of December, 1977. /s/ 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/she 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 23, 1977, December 30, 1977 and January 4, 1978. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3622

BULLOCH COUNTYDEPUTY SHERIFFS' COMPENSATION, ETC. No. 941 (House Bill No. 1666). AN ACT To amend an Act placing the Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3161), so as to change the compensation of the sheriff's deputies; to provide for an office 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 Sheriff of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2594), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3161), is hereby amended by striking subsection (a) of Section 3 thereof in its entirety and substituting in lieu thereof a new subsection (a) of Section 3 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 $10,686.00 per annum, one junior deputy who shall be compensated in the amount of $9,409.88 per annum, and one office clerk who shall be compensated in the amount of $6,873.38 per annum. The salary of each such deputy and of the clerk 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 2. This Act shall become effective on the first 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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LEGAL NOTICE. Notice to the Public. The public is notified that there will be introduced in the 1978 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices as follows: COMMISSIONER'S OFFICE: Clerical Assistant SHERIFF'S OFFICE Chief Deputy Deputy Office Clerk PROBATE JUDGE: Clerical Assistant TAX COMMISSIONER'S OFFICE: First Assistant Second Assistant Third Assistant CLERK'S OFFICE: Chief Deputy Docket Clerk Typist It is contemplated that the changes in compensation will be an increase for those concerned. This January 4, 1977. /s/ W. Jones Lane Georgia House of Representatives District 81 /s/ Paul E. Nessmith, Sr. Georgia House of Representatives District 82 /s/ Joseph E. Kennedy Georgia State Senate District 4

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Georgia, Fulton County Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she 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 County, on the following dates: January 10, 1978, January 17, 1978 and January 24, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. LOWNDES COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 942 (House Bill No. 1319). AN ACT To amend an Act placing the Clerk of the Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2706), as amended, so as to change the compensation provisions relating to the clerk of the superior court; 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 Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2706), 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. After the effective date of this Act, the salary of the Clerk of the Superior Court of Lowndes County shall be $18,000.00. In addition to such annual salary, the clerk of the superior court shall also receive an additional amount equal to two percent of the base salary provided in the first sentence above for each year of service completed up to eight years and an additional amount equal to one percent of the base salary provided in the first sentence above for each year of service completed thereafter; provided, however, that the longevity increases provided for herein shall at no time exceed 25 percent of the base salary provided in the first sentence above. In addition to the compensation provided herein, the clerk of the superior court shall also receive a cost-of-living increase whenever the employees of Lowndes County are granted such a cost-of-living increase by the governing authority of the county. The clerk of the superior court shall receive the same cost-of-living increase, either a certain amount or a percentage of the salary, as other employees of the county; provided, however, that such cost-of-living increase in any one year shall not exceed an amount which, when added to the longevity increase for that year, will result in a salary increase of more than five percent of the base salary herein provided. The compensation of the clerk of the superior court shall be paid in equal monthly installments from the funds of Lowndes County. The compensation of the clerk in office on the effective date of this Act shall be adjusted according to the provisions of this Section, and he shall be given credit for all prior service served in said office. The annual salary provided for herein shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of whatever kind heretofore allowed him as compensation, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered; but nothing in this Act shall be construed to prevent said clerk from receiving any retirement in addition to any salary which such clerk has been paid during his tenure of office.

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Section 2. This Act shall become effective July 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act placing The Clerk of The Superior Court of Lowndes County upon an annual salary in lieu of the fee system of compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2706), as amended, so as to change the compensation provisions relative to the clerk of the superior court. This 20th day of December, 1977. /s/ 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/she 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 23, 1977, December 30, 1977 and January 4, 1978. /s/ James M. Beck Representative, 148th District Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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BULLOCH COUNTYSALARIES OF TAX COMMISSIONER'S ASSISTANTS, ETC. No. 943 (House Bill No. 1667). AN ACT To amend an Act creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760), so as to change the compensation of the tax commissioner's assistants; to provide for an additional 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 creating the office of Tax Commissioner of Bulloch County, approved March 24, 1937 (Ga. Laws 1937, p. 1261), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3760), is hereby amended by striking Section 8A thereof in its entirety and substituting in lieu thereof a new Section 8A to read as follows: Section 8A. The tax commissioner is hereby authorized to employ three assistants. The first such assistant shall receive a salary not to exceed $7,534.13 per annum, the second such assistant shall receive a salary not to exceed $6,903.75 per annum, and the third such assistant shall receive a salary not to exceed $6,273.38 per annum. Such salaries shall be payable 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.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice to The Public The public is notified that there will be introduced in the 1978 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices as follows: COMMISSIONER'S OFFICE: Clerical Assistant SHERIFF'S OFFICE: Chief Deputy Deputy Office Clerk PROBATE JUDGE: Clerical Assistant TAX COMMISSIONER'S OFFICE: First Assistant Second Assistant Third Assistant CLERK'S OFFICE: Chief Deputy Docket Clerk Typist It is contemplated that the changes in compensation will be an increase for those concerned.

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This January 4, 1977. /s/ W. Jones Lane Georgia House of Representatives, District 81 /s/ Paul E. Nessmith, Sr. Georgia House of Representatives District 82 /s/ 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/she 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 County, on the following dates: January 10, 1978, January 17, 1978 and January 24, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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BULLOCH COUNTYSALARIES OF EMPLOYEES OF THE CLERK OF THE SUPERIOR COURT. No. 944 (House Bill No. 1668). AN ACT To amend an Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3754), so as to change the compensation of the clerk's employees; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Bulloch County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2763), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3754), 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. (a) The Clerk of the Superior Court of Bulloch County shall be authorized to employ a deputy clerk and to fix his compensation at a figure not to exceed $7,534.13 per annum, and a docket clerk and to fix his compensation at a figure not to exceed $6,903.75 per annum. Said salaries shall be paid in equal monthly installments from the funds of Bulloch County. (b) The clerk shall be further authorized to employ a typist and to fix her compensation at a figure not to exceed $6,273.38 per annum, such salary to be paid in equal monthly installments from the funds of Bulloch County. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

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LEGAL NOTICES Notice to the Public. The public is notified that there will be introduced in the 1978 Session of the General Assembly of Georgia, a bill to provide for personnel and for changes in compensation of personnel in certain county offices as follows: COMMISSIONER'S OFFICE: Clerical Assistant SHERIFF'S OFFICE: Chief Deputy Deputy Office Clerk PROBATE JUDGE: Clerical Assistant TAX COMMISSIONER'S OFFICE: First Assistant Second Assistant Third Assistant CLERK'S OFFICE: Chief Deputy Docket Clerk Typist It is contemplated that the changes in compensation will be an increase for those concerned. This January 4, 1977. /s/ W. Jones Lane Georgia House of Representatives, District 81 /s/ Paul E. Nessmith, Sr. Georgia House of Representatives, District 82 /s/ Joseph E. Kennedy Georgia State Senate, District 4

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane, who, on oath, deposes and says that he is Representative from the 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 County, on the following dates: January 10, 1978, January 17, 1978 and January 24, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. BULLOCH COUNTYSALARY OF CLERICAL EMPLOYEE OF PROBATE JUDGE. No. 945 (House Bill No. 1669). AN ACT To amend an Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770), so as to change the compensation of the clerical employee of the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3633

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Bulloch County upon an annual salary, approved March 19, 1960 (Ga. Laws 1960, p. 2590), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3770), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The judge of the probate court may appoint a clerical assistant to be compensated in an amount not to exceed $6,873.38 per annum. The assistant shall be compensated out of 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. LEGAL NOTICES Notice to the Public. The public is notified that there will be introduced in the 1978 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices as follows: COMMISSIONER'S OFFICE: Clerical Assistant SHERIFF'S OFFICE: Chief Deputy Deputy Office Clerk PROBATE JUDGE: Clerical Assistant TAX COMMISSIONER'S OFFICE: First Assistant Second Assistant Third Assistant CLERK'S OFFICE: Chief Deputy Docket Clerk Typist

Page 3634

It is contemplated that the changes in compensation will be an increase for those concerned. This January 4, 1977. /s/ W. Jones Lane Georgia House of Representatives, District 81 /s/ Paul E. Nessmith, Sr. Georgia House of Representatives, District 82 /s/ 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 County, on the following dates: January 10, 1978, January 17, 1978 and January 24, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TOWN OF DANVILLETERMS OF MAYOR AND COUNCILMEN. No. 946 (House Bill No. 1672). AN ACT To amend an Act creating a new charter for the Town of Danville, approved August 19, 1922 (Ga. Laws 1922, p. 725), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3128), so as to change the term of office of the mayor and councilmen; 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 Town of Danville, approved August 19, 1922 (Ga. Laws 1922, p. 725), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3128), is hereby amended by adding a new Section after Section 3 thereof, to be designated Section 3A, to read as follows: Section 3A. The provisions of Section 3 of this Act to the contrary notwithstanding, the mayor and councilmen shall be elected, beginning at the election held on the first Wednesday in September 1978, for a term of two years and until the election and qualification of their successors in each second year thereafter. 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.

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Notice of Intention To Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Danville, approved August 19, 1922 (Ga. Laws 1922, p. 725), as amended, particularly by an Act approved March 18, 1964 (Ga. Laws 1964, p. 3128), so as the change the term of office of mayor and councilmen; to provide an effective date; to repeal conflicting laws; and for other purposes. This 29th day of December, 1977. /s/ 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/she 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 11, 1978, January 18, 1978 and January 25, 1978. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3637

COBB COUNTYCIVIL SERVICE ACT AMENDED. No. 947 (House Bill No. 1673). AN ACT To amend an Act authorizing the establishment of a Civil Service System in Cobb County, approved March 10, 1964 (Ga. Laws 1964, p. 2502), as amended by an Act approved March 18, 1969 (Ga. Laws 1969, p. 2228), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3208), and as amended by an Act adopted by the governing authority of Cobb County pursuant to the county home rule provisions of the Georgia Constitution, filed in the office of Secretary of State on December 29, 1976, as set forth in Ga. Laws 1977, p. 4550, so as to provide for subpoena powers for the Civil Service Board; to provide for the production of documents; to provide for discovery; to provide for the enforcement of such powers; 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 authorizing the establishment of a Civil Service System in Cobb County, approved March 10, 1964 (Ga. Laws 1964, p. 2502), as amended by an Act approved March 18, 1969 (Ga. Laws 1969, p. 2228), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3208), and as amended by an Act adopted by the governing authority of Cobb County pursuant to the county home rule provisions of the Georgia Constitution, filed in the office of Secretary of State on December 29, 1976, as set forth in Ga. Laws 1977, p. 4550, is hereby amended by adding a new Section between Sections 7 and 8 to be designated Section 7A and to read as follows: Section 7A. (a) The Civil Service Board of Cobb County, Georgia, and any litigant entitled to appeal before said Civil Service Board is hereby authorized to cause subpoenas to be served upon any person or persons, whether resident or nonresident of the county, requiring the attendance of such person or persons before the Civil Service Board to offer testimony or other evidence or to offer testimony and other evidence. The Civil Service Board shall have the power to require the production of such books, records,

Page 3638

papers and documents as may be necessary to enable the Board to carry out its duties under this Act. The Civil Service Board shall also have the right to provide for discovery in the same manner as courts of record of this State have the right to require discovery. (b) When a subpoena is issued pursuant to subsection (a) of this Section, such subpoena may be enforced pursuant to paragraph (7) of subsection (a) of Section 14 of the Act known as the `Georgia Administrative Procedure Act,' approved March 10, 1964 (Ga. Laws 1964, p. 338), as now or hereafter amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an act creating a Civil System of Cobb County, Georgia (Ga. L. 1963, p. 895) and for other purposes. This 30th day of December, 1977. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ 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,

Page 3639

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 30, 1977 and January 6, 1973, 1978. /s/ Joe Mack Wilson Representative, 19th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 13, 1978. CITY OF CLARKSTONTERMS OF OFFICE OF MAYOR AND COUNCIL, REFERENDUM. No. 948 (House Bill No. 1674). AN ACT To amend an Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. Laws 1967, p. 3391), as amended by the governing authority pursuant to the Municipal Home Rule Act of 1965, so as to change the provisions regarding the terms of office of the Mayor and Council; to provide for elections; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Clarkston, approved April 21, 1967 (Ga. Laws 1967, p. 3391), as

Page 3640

amended by the governing authority pursuant to the Municipal Home Rule Act of 1965, is hereby amended by striking Section 2.01, relating to election of Mayor and Councilmen, in its entirety and inserting in lieu thereof the following: Section 2.01. Election of Mayor and Councilmen. (a) On the third Wednesday in October, 1978, there shall be an election for the office of Mayor, with the Mayor to serve a term of three years beginning with the first day of January of the calendar year immediately following the year in which said election is held, and likewise, a similar election shall be held on the same day and month in 1981, and on the same day and month of each fourth year after 1981 for the office of Mayor, with the Mayor to serve a term of four years beginning with the first day of January of the calendar year immediately following the year in which said election is held. Likewise, on the same day and month in 1978, there shall be an election for the office of three Councilmen, with the Councilmen newly elected in said election to serve terms of three years each beginning with the first day of January of the calendar year immediately following the year in which said election is held, and likewise, a similar election shall be held on the same day and month in 1981, and on the same day and month of each fourth year after 1981 to elect three Councilmen to replace those Councilmen whose terms expire at the end of each said fourth year, with the Councilmen so elected in 1981 and each fourth year thereafter serving terms of four years each beginning with the first day of January of the calendar year immediately following the year in which said election is held. Likewise, on the third Wednesday in October of 1979, there will be an election of three Councilmen to replace the three Councilmen whose terms expire at the end of 1979, with the Councilmen newly elected in such election serving terms of four years each, beginning with the first day of January of the calendar year immediately following the year in which such election is held, and likewise, a similar election shall be held on the same day and month of each fourth year after 1979 to elect three Councilmen to replace those Councilmen whose terms expire at the end of each said fourth year. (b) All elections shall be conducted in accordance with the provisions of an Act entitled the `Georgia Municipal Election Code', approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended, and the Mayor and Council are authorized to take action necessary to carry into effect the provisions of that Act.

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Section 2. After the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the governing authority of the City of Clarkston to issue the call for an election for the purpose of submitting this Act to the electors of the City of Clarkston 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 governing authority shall cause the date and purpose of the election to be published promptly in a newspaper of general circulation in the municipality. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the charter of the City of Clarkston be amended so as to change the provisions regarding the terms of office of the Mayor and Council? All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Clarkston. It shall be the duty of the municipal election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the February, 1978, session of the Georgia General Assembly, a bill amending the Charter for the City of Clarkston, Georgia, by extending the terms of office of the Mayor and Councilmen, and for other purposes. /s/ Cas Robinson Representative, District 58

Page 3642

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Cas Robinson who, on oath, deposes and says that he/she is Representative from the 58th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Decatur-DeKalb News which is the official organ of DeKalb County, on the following dates: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Cas Robinson Representative, 58th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY ACT AMENDED. No. 949 (House Bill No. 1675). AN ACT To amend an Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. Laws 1971, p. 3459), as amended, so as to change the provisions relative to the membership of the Authority; to repeal conflicting laws; and for other purposes.

Page 3643

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. Laws 1971, p. 3459), as amended, is hereby amended by striking from the first sentence of subsection (a) of Section 2 the word seven and inserting in lieu thereof the word eight and by striking the period appearing at the end of the second sentence and adding thereto the following: and one member of the Authority shall be ex officio Chairman of the Board of Commissioners of Cobb County., and by striking the period appearing at the end of the last sentence of said subsection and adding thereto the following: and the Chairman of the Board of Commissioners of Cobb County., so that when so amended said subsection (a) shall read as follows: (a) The Authority shall be composed of eight members to be appointed and elected as hereinafter provided. One member of the Authority shall be the ex officio Mayor of the City of Marietta and one member of the Authority shall be ex officio Chairman of the Board of Commissioners of Cobb County. Three members of the Authority shall be elected by the owners of the property which is subject to the tax provided for in Section 4 of this Act. The remaining three members of the Authority shall be elected by the owners of business establishments whose principal place of business is located within the Downtown Marietta District. The initial three members of the Authority elected by each group of such owners, as provided above, shall serve for terms of office of one, two and three years, respectively. Thereafter, all terms of office of members of the Authority shall be for three years, except for the Mayor and the Chairman of the Board of Commissioners of Cobb 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 Legal Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an act creating the Downtown Marietta Development Authority, approved April 10, 1971 (Ga. L. 1971, p. 3459) as heretofore amended and for other purposes. This 13th day of January, 1978. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ 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/she 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 13, 1978, January 20, 1978 and January 27, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TREUTLEN COUNTYSHERIFF'S SALARY. No. 950 (House Bill No. 1677). AN ACT To amend an Act placing the Sheriff of Treutlen County, Georgia, on a salary system in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2080), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2942), 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 Treutlen County, Georgia, on a salary system in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2080), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2942), is hereby amended by striking from subsection (a) of Section 2 the following: $8,000.00, and inserting in lieu thereof the following: $10,900.00, so that when so amended subsection (a) of Section 2 shall read as follows: (a) The sheriff shall receive an annual salary of $10,900.00, payable in equal monthly installments from the funds of Treutlen 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 there will be introduced at the regular 1978 General Assembly of Georgia, legislation to amend existing laws regarding the compensation of the Sheriff of Treutlen County, and for other purposes. This 28 day of December, 1977. /s/ Jim L. Gillis, Jr., Chairman Treutlen County Commissioners 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/she 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 4, 1978, January 11, 1978 and January 18, 1978. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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CITY OF VIDALIAELECTIONS. No. 951 (House Bill No. 1678). AN ACT To amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. Laws 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2862), so as to change certain provisions governing the vote required for election; to provide for a run-off election; to change the election date of city council and mayor; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Vidalia, approved April 8, 1968 (Ga. Laws 1968, p. 3136), as amended by an Act approved March 5, 1976 (Ga. Laws 1976, p. 2862), is hereby amended by striking from Section 9-16 thereof the words: those receiving the highest number of votes, and substituting in lieu thereof the words: those receiving a majority of the votes cast, so that when so amended Section 9-16 shall read as follows: Section 9-16. Declaration of election results. The mayor and council, or so many of them as are not disqualified by being a candidate for election shall, at their first meeting after an election, receive said returns from the election managers and declare the result of the election in accordance with the certificate of the managers, those receiving a majority of the votes cast being declared elected, or the question voted upon being declared carried or not carried, as the case may be; the resolution of the council declaring the results of the election, together with the certificate of the managers, shall be entered on the minutes of the council; provided, however, that any two (2) councilmen or one (1) councilman and the mayor, shall have authority to declare the result of said election in the event a majority of said body should be disqualified.

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Section 2. Said Act is further amended by adding a new Section after Section 9-16, to be designated Section 9-16 (a), to read as follows: Section 9-16 (a). Run-off election. In the event no candidate receives a majority of the votes cast, a run-off election shall be held, between the two candidates receiving the highest number of votes. Such run-off election shall be held on the fourteenth (14th) day after the day of holding the election. The candidate receiving a majority of the votes cast in such run-off election to fill the public office he seeks shall be declared the winner and shall be entered on the minutes of the council as set out in Section 9-16. Section 3. Said Act is further amended by striking from Section 9-6 thereof the following: On the second Wednesday in December, 1967,, and substituting in lieu thereof the following: On the Tuesday next following the first Monday in November, 1979,, and by striking: On the second Wednesday in December, 1969,, and substituting in lieu thereof, the following: On the Tuesday next following the first Monday in November, 1981,, so that when so amended Section 9-6 shall read as follows: Section 9-6. Time of election of councilmen. On the Tuesday next following the first Monday in November, 1979, and every four (4) years thereafter, a councilman from the third ward, a councilman from the fourth ward and a councilman from the city at large shall be elected. On the Tuesday next following the first Monday in November, 1981, and every four (4) years thereafter, a councilman from the first ward and a councilman from the second ward shall be elected.

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Section 4. Said Act is further amended by striking from Section 9-7 thereof the following: second Wednesday in December, 1967, and on such day every two (2) years, and substituting in lieu thereof the following: Tuesday next following the first Monday in November, 1981, and on such day every four (4) years thereafter, so that when so amended Section 9-7 shall read as follows: Section 9-7. Time of election of mayor. A mayor shall be elected on the Tuesday next following the first Monday in November, 1981, and on such day every four (4) years thereafter. Section 5. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the City of Vidalia, approved April 8, 1968, (Ga. L. 1968, p. 3136), so as to modify, change, and amend the provisions governing the vote required for election from a plurality of the votes cast, to a majority of the votes cast; to provide for a runoff election; to change election date of city council and mayor; and for other purposes. This 29th day of December, 1977. /s/ 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/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Lyons Progress which is the official organ of Toombs County, on the following dates: December 29, 1977, January 5, 1978 and January 12, 1978. /s/ L. L. (Pete) Phillips Representative, 120th District Sworn to and subscribed before me, this 6th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF UVALDATERMS OF MAYOR AND COUNCILMEN, ETC. No. 952 (House Bill No. 1679). AN ACT To amend an Act creating a new charter for the City of Uvalda, approved March 13, 1957 (Ga. Laws 1957, p. 2929), as amended, so as to change the terms of office of the mayor and the councilmen; to provide for initial and regular terms of office; to change the provisions relating to 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 Uvalda, approved March 13, 1957 (Ga. Laws 1957, p. 2929), as amended, is hereby amended by striking Section 4, which reads as follows:

Page 3651

Section 4. Be it further enacted by the authority as aforesaid, that the mayor and councilmen who were elected in the election held on the 3rd day of January, 1957 shall hold office as mayor and council for the term for which they were elected, which will expire on the first Thursday in January, 1958. On the first Wednesday in December, 1957, and annually thereafter, a mayor and six councilmen shall be elected, their term of office to begin on the first Thursday in January, following said election. Vacancies caused by deaths or resignations in the office of mayor and councilmen shall be filled by the mayor and council for the remainder of the unexpired term as may be provided by ordinance., in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The Mayor and Councilmen of the City of Uvalda who were in office on February 1, 1978, shall hold office as mayor and council for the term for which they were elected, which shall expire on the first Thursday in January, 1979. At the city election to be held in 1978 a mayor and six councilmen shall be elected. The mayor elected at such election shall take office on the first Thursday in January following said election for a term of office of two years and until his respective successor is duly elected and qualified. The three persons who are elected as councilmen and who receive the highest number of votes in such election shall take office on the first Thursday in January following said election for a term of office of two years each and until their respective successors are duly elected and qualified. The remaining three persons who are elected as councilmen shall take office on the first Thursday in January following said election for a term of office of one year each and until their respective successors are duly elected and qualified. Thereafter, successors to the office of mayor or councilmen shall be elected in the city election immediately preceding the expiration of a term of office and such persons so elected to such offices shall take office on the first Thursday in January following said election for terms of office of two years each and until their respective successors are duly elected and qualified. Vacancies caused by deaths or resignations in the office of mayor and councilmen shall be filled by the mayor and council for

Page 3652

the remainder of the unexpired term as may be provided by ordinance. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a new charter for the Town of Uvalda, approved March 13, 1957 (Ga. Laws 1957, p. 2929); and for other purposes. This 16th day of January, 1978. /s/ 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/she is Representative from the 120th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Montgomery Monitor which is the official organ of Montgomery County, on the following dates: January 18, 1978, January 25, 1978 and February 1, 1978. /s/ L. L. Phillips Representative, 120th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

Page 3653

BULLOCH COUNTYCOUNTY COMMISSIONERS' CLERICAL ASSISTANT. No. 953 (House Bill No. 1684). AN ACT To amend an Act creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150), so as to change the provisions relative to the compensation of the 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 creating a Board of Commissioners of Bulloch County, approved August 11, 1924 (Ga. Laws 1924, p. 290), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3150), is hereby amended by striking from subsection (b) of Section 2 thereof the following: $6,600.00, and substituting in lieu thereof the following: $7,534.13, so that when so amended subsection (b) of Section 2 shall read as follows: (b) The chairman and clerk of said board is hereby authorized to employ an assistant clerk, who may be compensated in an amount not to exceed $8,400.00 per annum, and an additional clerical assistant, who may be compensated in an amount not to exceed $7,534.13 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.

Page 3654

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 1978 Session of the General Assembly of Georgia a bill to provide for personnel and for changes in compensation of personnel in certain county offices as follows: COMMISSIONER'S OFFICE: Clerical Assistant SHERIFF'S OFFICE: Chief Deputy Deputy Office Clerk PROBATE JUDGE: Clerical Assistant TAX COMMISSIONER'S OFFICE: First Assistant Second Assistant Third Assistant CLERK'S OFFICE: Chief Deputy Docket Clerk Typist It is contemplated that the changes in compensation will be an increase for those concerned. This January 4, 1977. /s/ W. Jones Lane Georgia House of Representatives District 81 /s/ Paul E. Nessmith, Sr. Georgia House of Representatives District 82 /s/ Joseph E. Kennedy Georgia State Senate District 4

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she 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 County, on the following dates: January 10, 1978, January 17, 1978 and January 24, 1978. /s/ W. Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. NEWTON COUNTY WATER AND SEWERAGE AUTHORITY ACT AMENDED. No. 954 (House Bill No. 1685). AN ACT To amend an Act known as the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. Laws 1970, p. 2449), so as to provide for an administrator who may be a member of the Authority; to change the provisions relating to powers; to repeal conflicting laws; and for other purposes.

Page 3656

Be it enacted by the General Assembly of Georgia: Section 1. An Act known as the Newton County Water and Sewerage Authority Act, approved March 10, 1970 (Ga. Laws 1970, p. 2449), is hereby amended by adding at the end of Section 2 a new sentence to read as follows: The Authority shall have the right to appoint an administrator from the membership of the Authority., so that when so amended, Section 2 shall read as follows: Section 2. Newton County Water and Sewerage Authority. There is hereby created a body corporate and politic to be known as the Newton County Water and Sewerage Authority, which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity. The Authority shall consist of five members. The mayor and council of the town of Oxford, the mayor and council of the town of Porterdale and the mayor and council of the City of Covington respectively shall nominate one member each and thereafter it shall be the duty of the Board of Commissioners of Newton County to appoint said nominees. The remaining two members shall be nominated and appointed by the Board of Commissioners of Newton County. Any member of the Board of Commissioners of Newton County shall be eligible for appointment to and service on said Authority. Members of the Authority shall be appointed for initial terms as follows: one member shall serve for an initial term of one year, one for an initial term of two years, one for an initial term of three years, one for an initial term of four years, and one member shall serve for an initial term of five years, and thereafter the term of office shall be for a period of five years, and until their successors are appointed and qualified. Three members shall constitute a quorum. No vacancy on the Authority shall impair the right of the quorum to exercise all the rights and perform all the duties of the Authority. The members of the Authority shall elect a Chairman and a Vice Chairman of the Authority from among the members thereof and shall also elect a Secretary-Treasurer who need not be a member of the Authority. The members of the Authority shall be entitled to compensation for their services at the rate of six hundred

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($600.00) dollars per annum, payable monthly, and all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. The Authority shall have the right to appoint an administrator from the membership of the Authority. Section 2. Said Act is further amended by striking in its entirety subsection (h) of Section 6 and inserting in lieu thereof a new subsection (h) to read as follows: (h) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof. Pursuant to applicable State law, the Authority may obtain temporary loans at any time during the year. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that at the regular session of the 1978 General Assembly of Georgia, I will introduce the following legislation: A bill to provide that the Newton County Water and Sewer Authority shall have the right to appoint an administrator from the members of the Board; to provide that the Newton County Water and Sewer Authority shall have the power to borrow money for any of its corporate purposes; to provide for compensation for members of the Newton County Water and Sewer Authority and for reimbursement of their expenses incurred in the performance of their duty; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. This the 2nd day of January, 1978. /s/ Philip A. Johnson, Representative 74th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Philip Johnson who, on oath, deposes and says that he/she is Representative from the 74th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Covington News which is the official organ of Newton County, on the following dates: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ Philip Johnson Representative, 74th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. McDUFFIE COUNTYBOARD OF COMMISSIONERS, ELECTIONS, ETC. No. 955 (House Bill No. 1695). AN ACT To amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), as amended, so as to change the provisions relating to the election of the members of the board; to change the provisions relating to election districts; to change the provisions relating to residency requirements and qualifications; to change the provisions

Page 3659

relating to vacancies; to provide for applicability; 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 McDuffie County, approved February 16, 1955 (Ga. Laws 1955, p. 2331), 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) For the purposes of electing the members of the board, McDuffie County is hereby divided into two commissioner districts. Commissioner District Number 1 shall be composed of all that portion of the county north of a line beginning at the western end of Highways 12 and 278 (Warren County line), then east to the city limits of Thomson, then generally northeast around the city limits of Thomson to Highway 223 and Hickory Hill Drive, then east along Hickory Hill Drive to Lumpkin Street, then east along Lumpkin Street to Gordon Street, then east along Gordon Street to Holt Street, then east along Holt Street to White Oak Street, then east along White Oak Street to the city limits and Highway 223, then generally northeast along the city limits to the easternmost intersection of Highway 223 and the city limits and then east to the Columbia County line. Commissioner District Number 2 shall be composed of the remainder of McDuffie County and the City of Thomson, being all those parts that lie south of Commissioner District Number 1. (b) One member of the board of commissioners shall be elected from Commissioner District Number 1 and one member shall be elected from Commissioner District Number 2. Any person offering as a candidate to represent a commissioner district must reside in the district from which he offers and shall be elected solely by the voters of said district. A candidate must establish residency in a district in which he offers as a candidate at least by the date on which he qualifies as a candidate. One member, who shall be the chairman, shall be elected at large by the voters of the entire county and such member may reside anywhere within the county. A candidate must receive a majority of the votes cast for the district for which he is offering or for the chairman position if he is running at large for the position of chairman. All members shall be elected for a term of

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office of four years and until their successors are elected and qualified. (c) Upon any member elected from a district moving his residency outside of said district, such office shall become vacant and the vacancy shall be filled as provided by this Act. 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. In addition to the qualifications provided in Section 3 above, any person in order to be eligible to serve as a member of the board must be at least 21 years old, must have resided in McDuffie County for at least one year immediately preceding the date of the election and must be qualified and registered to vote for members of the General Assembly. Section 3. The provisions of this Act shall be applicable to the board of commissioners elected at the 1980 general election and thereafter. The present board of commissioners shall continue to serve out their terms of office and shall not be governed by the provisions of this Act in their capacity as commissioners elected under previously existing law. 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 1978 session of the General Assembly of Georgia a bill to amend an Act creating a Board of Commissioners of McDuffie County, approved February 15, 1955 (Ga. Laws 1955, p. 2331), as amended; and for other purposes. This 31st day of December, 1977. /s/ Warren Evans Representative, 84th District /s/ Ray Owens Representative, 77th District

Page 3661

Georgia, McDuffie County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Jerry Whittle, who on oath deposes and says that he is the Publisher of The McDuffie Progress, the official organ of McDuffie County, Georgia, and certifies that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress on the following dates: January 5, 12 and 19, 1978. /s/ Jerry Whittle Sworn to and subscribed before me, this 3rd day of February, 1978. /s/ Iona T. Price Notary Public, Georgia, State at Large. My Commission Expires March 27, 1978. (Seal). Approved March 13, 1978. CITY OF THOMSONELECTIONS. No. 956 (House Bill No. 1696). AN ACT To amend an Act repealing and replacing the charter of the City of Thomson, Georgia, as provided by an Act approved August 19, 1927 (Ga. Laws 1927, p. 1631), as amended, and creating a new charter for said city, approved March 15, 1973 (Ga. Laws 1973, p. 2132), so as to change the provisions relating to the election of mayor and councilmen; to provide for election districts; to provide for terms of office; to change the provisions relating to qualifications; to provide residency requirements; to change the provisions

Page 3662

relating to vacancies; to change the provisions relating to regular elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act repealing and replacing the charter of the City of Thomson, Georgia, as provided by an Act approved August 19, 1927 (Ga. Laws 1927, p. 1631), as amended, and creating a new charter for said city, approved March 15, 1973 (Ga. Laws 1973, p. 2132), is hereby amended by striking Section 2.01 of Article II in its entirety and inserting in lieu thereof a new Section 2.01 to read as follows: Section 2.01. Establishment of City Government. The corporate governmental powers of the City of Thomson shall be vested in a mayor and five councilmen to be known as the `Mayor and Council of the City of Thomson.' The mayor and council shall be elected and shall exercise their powers in such manner as prescribed by this charter, the Constitution, and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordinances of the City of Thomson. Section 2. Said Act is further amended by striking Section 2.02 of Article II in its entirety and inserting in lieu thereof a new Section 2.02 to read as follows: Section 2.02. Qualifications for Mayor and Councilmen. To be eligible for the office of mayor or councilman, elected or appointed, a person must be at least 21 years of age, and must meet the requirements of a qualified voter of said city, as prescribed by State law, and must have been a bona fide resident of the City of Thomson for at least one year next preceding the election in which he offers as a candidate; provided, however, that beginning with the election of councilmen in 1978 and continuing thereafter, a candidate for councilman shall have been a resident of the district from which he offers as a candidate for a period of at least 60 days prior to the date on which he officially qualifies as a candidate. Section 3. Said Act is further amended by striking in its entirety Section 2.03 of Article II and inserting in lieu thereof a new Section 2.03 to read as follows:

Page 3663

Section 2.03. Election of Mayor and Councilmen. (a) Those persons presently elected to office shall continue to serve until the second Thursday in January, 1979, or until their successors are duly elected and qualified as hereinafter provided. (b) The City of Thomson will be divided into two districts for the purpose of electing councilmen. The Northern District will consist of all that part of the city that lies north of a line beginning at the western end of Hickory Hill Drive, then east along Hickory Hill Drive to Lumpkin Street, then east along Lumpkin Street to Gordon Street, then east along Gordon Street to Holt Street, then east along Holt Street to White Oak Street, then east along White Oak Street to the city limits and then generally northeast along the city limits to the easternmost intersection of the city limits and Highway 223. The Southern District shall consist of the remainder of the city, being all that part that lies south of the Northern District. (c) The governing body of the City of Thomson shall continue to consist of a mayor and five-member council. At the December, 1978, general election, two council seats will be elected from the Northern District and three from the Southern District. Each candidate will be required to live in the district from which he is elected and he shall be elected solely by the voters who reside in such district. The mayor will be elected at said December, 1978, general election by all of the voters of the city and may reside anywhere within the city. Candidates for the council shall designate the district in which they are offering as a candidate. The council shall be elected by plurality vote such that the two candidates running in the Northern District who get the highest number of votes will be elected to the council from said district and the three candidates from the Southern District who get the highest number of votes will be elected to the council from said district, and the candidate for mayor who gets the highest number of votes shall be elected mayor. Section 4. Said Act is further amended by striking in its entirety Section 2.08 of Article II and inserting in lieu thereof a new Section 2.08 to read as follows: Section 2.08. Vacancy in Office of Mayor or Councilman. A vacancy shall exist if the mayor or a councilman resigns; dies; moves his residence from the district from which elected or, in the

Page 3664

case of the mayor, from the city; or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council and such leave of absence is entered on the minutes; or if he is adjudged incompetent; or is convicted of malfeasance in office or of a felony. In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner: If the vacancy occurs within twelve (12) months of the expiration of the term, the vacancy shall be filled by the mayor and council appointing a qualified person to serve out the unexpired term of office. If the vacancy occurs within thirty days prior to the regular city election, the vacancy shall be filled at such regular election. It the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election pursuant to a call of a special election as provided by this charter; provided, however, that the vacancy shall be filled by plurality vote. At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this charter; however, if a special election is called pursuant to this charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election; provided, however, that the vacancies shall be filled by plurality vote with the candidates highest number of votes filling the said vacancies. In the event a vacancy should occur in the office of mayor, a special election shall be called and held in the manner prescribed by Code Title 34A, the Georgia Municipal Election Code, as it now exists or may hereafter be amended, so long as the vacancy occurs at least six (6) months prior to the regular expiration date of the term; provided, however, that the mayor elected at the special election shall be elected by plurality vote. If the vacancy occurs within six (6) months of the expiration date of the term, the mayor pro tem shall serve until the expiration date and shall be authorized during said period to exercise all of the powers of the mayor hereinbefore or hereinafter provided.

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Section 5. Said Act is further amended by striking Section 5.01 of Article V in its entirety and inserting in lieu thereof a new Section 5.01 to read as follows: Section 5.01. Regular Elections. Time for holding and taking office. The regular election for mayor and councilmen shall be held on the first Wednesday in December of 1978 and on the first Wednesday in December every four years thereafter. Officials elected at any regular election shall take office on the second Thursday in January next following such election. 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 1978 session of the General Assembly of Georgia a bill to amend an Act repealing the old charter of the City of Thomson, Georgia, and creating a new charter therefor, approved March 15, 1973 (Ga. Laws 1973, p. 2132); and for other purposes. This 31st day of December, 1977. /s/ Warren Evans Representative, 84th District Georgia, McDuffie County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Jerry Whittle, who on oath deposes and says that he is the Publisher of The McDuffie Progress, the official organ of McDuffie County, Georgia, and certifies that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress on the following dates: January 5, 12 and 19, 1978. /s/ Jerry Whittle

Page 3666

Sworn to and subscribed before me, this 3rd day of February, 1978. /s/ Iona T. Price Notary Public, Georgia, State at Large. My Commission Expires March 27, 1978. (Seal). Approved March 13, 1978. McDUFFIE COUNTYBOARD OF EDUCATION, REFERENDUM. No. 957 (House Bill No. 1698). AN ACT To amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p. 2538), so as to change the provisions relating to the election of said board of education; to change the provisions relating to education districts; to provide for certain residency requirements; to change the provisions relating to vacancies; to change the provisions relating to succeding terms; to change the provisions relating to special elections; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. Laws 1972, p. 2538), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. (a) The Board of Education of McDuffie County shall be composed of seven members to be elected as hereinafter provided. For the purpose of electing members of the Board of Education of McDuffie County, said county is divided into four education districts as follows:

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District No. 1: Education District Number 1 shall consist of all that portion of the county north of a line beginning at the western end of Highways 12 and 278 (Warren County line), then east to the city limits of Thomson, then generally northeast around the city limits of Thomson to Highway 223, and then east to the Columbia County line. District No. 2: Education District Number 2 will consist of all that part of the City of Thomson that lies north of a line beginning at the western end of Hickory Hill Dirve, then east along Hickory Hill Drive to Lumpkin Street, then east along Lumpkin Street to Gordon Street, then east along Gordon Street to Holt Street, then east along Holt Street to White Oak Street, then east along White Oak Street to the city limits, and then generally northeast along the city limits to the easternmost intersection of the city limits and Highway 223. District No. 3: Education District Number 3 shall consist of the remainder of the City of Thomson, being all that part that lies south of Education District Number 2. District No. 4: Education District Number 4 shall consist of the remainder of the county, being all that part that lies south of Education District Number 1, 2 and 3. (b) There shall be elected to the Board of Education two members from Education District No. 1, two members from Education District No. 3, two members from Education District No. 4 and one member from Education District No. 2. There shall be two posts in Education District No. 1 which are hereby designated as Post No. 1 and Post No. 2. There shall be one post in Education District No. 2 which is hereby designated as Post No. 3. There shall be two posts in Education District No. 3 which are hereby designated as Post No. 4 and Post No. 5. There shall be two posts in Education District No. 4 which are hereby designated as Post No. 6 and Post No. 7. Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2 to read as follows: Section 2. (a) Any person desiring to offer as a candidate for election to said board shall designate the post number for which he

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is offering. A candidate may not offer for election to the board from any education district other than the education district in which he is a legal resident. A candidate shall be elected solely by the voters of the education district in which he offers as a candidate. A candidate must receive a majority of the votes cast for the post for which he is offering to be elected as a member of the board of education. A candidate shall be required to be a resident of the education district in which he offers as a candidate at least by the date he officially qualifies as a candidate. (b) Each member of said board of education shall have been a resident of McDuffie County for at least one year immediately preceding his election, shall be at least 25 years of age and of good moral character and shall be a registered elector entitled to vote for members of the General Assembly of Georgia. Members of the board of education shall be required to live in the education district from which elected; and if a member moves his residence outside of said district, a vacancy shall be declared in said post, such vacancy to be filled as provided in this Act for the filling of vacancies; provided, however, that said residency requirement shall not be applicable to the present members of the board of education until their present terms of office expire. Section 3. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3 to read as follows: Section 3. (a) The members of the board of education elected prior to the general election of 1978 shall continue to serve out the terms of office to which elected. The present members shall be deemed to occupy the posts provided for in this Act as follows: William L. Howard will be deemed to occupy Post 1; Patricia Lemley, Post 2; W. Fred Blackmon, Post 3; Thomas J. Neal, Post 4; J. D. Baston, Jr., Post 5; Bobby Reese, Post 6; and Joseph D. Greene, Post 7. If for any reason one of the above named persons leaves office, the person filling such vacancy on the board of education shall be deemed to occupy the post of his predecessor as provided hereinabove. (b) At the general election conducted in 1978, members of the Board of Education of McDuffie County from Posts 2, 4 and 6 shall be elected, and the members so elected shall serve for a term of

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office of four years and until their respective successors are duly elected and qualified. At the general election conducted in 1980, members of the Board of Education of McDuffie County from Posts 1, 3, 5 and 7 shall be elected, and the members so elected shall serve for a term of four years and until their respective successors are duly elected and qualified. All such members shall take office on the first day of January immediately following their election. Thereafter, all members of said board of education shall be elected as herein provided in the general election immediately preceding the expiration of their respective terms of office and shall take office on the first day of January immediately following their election for terms of four years. (c) No member may hold board membership for more than two consecutive four-year terms; provided, however, that the provisions of this subsection shall only apply to terms of office beginning with the general election of 1978 so that any member presently serving on the board on the date of the general election in November, 1978, shall be entitled to serve an additional two consecutive terms of office after the expiration of the present term of office. (d) In instances where no candidate for any post receives a majority of the votes cast in the general election, a run-off election shall be held between the two candidates receiving the highest number of votes in such election. Said run-off election shall be held and conducted as provided by law for the conduct of run-off elections and the candidate for any post receiving a majority of the votes cast in such run-off election shall be declared the winner. Section 4. 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. In the event a vacancy occurs on said board of education for any reason other than the expiration of the term of office of a member, the remaining members shall immediately declare such fact to exist and shall immediately transmit a resolution to the Judge of the Probate Court of McDuffie County stating that a vacancy exists and specifying the post in which the vacancy has occurred. Not less than 15 nor more than 30 days following the date on which the judge of the probate court receives such petition, it shall be his duty to issue the call for a special election for the purpose

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of filling such vacancy. The judge of the probate court shall set the date of said election to be held not less than 30 nor more than 45 days following the issuance of the call. Said election shall be held and conducted as provided by law for special elections. It shall be the duty of the judge of the probate court to 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 McDuffie County. The expense of such election shall be borne by McDuffie County. It shall be the duty of the judge of the probate court to hold and conduct such election. 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. Section 5. Within 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 McDuffie County to issue the call for an election for the purpose of submitting this Act to the voters of the McDuffie 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 45 days after the date of the issuance of the call. The judge of the probate court shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of McDuffie County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act changing the provisions relating to the election of the McDuffie County Board of Education, providing for four education districts, providing that members be elected by the voters of their respective districts, and providing for the manner of the election of said members 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 McDuffie County. It shall be the duty of the judge of the probate court to hold and conduct such

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election. He shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 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 1978 session of the General Assembly of Georgia a bill to amend an Act providing for a Board of Education of McDuffie County, the election of its members, qualifications and compensation, approved March 27, 1972 (Ga. Laws 1972, p. 2538); and for other purposes. This 31st day of December, 1977. /s/ Warren Evans Representative, 84th District /s/ Ray Owens Representative, 77th District Georgia, McDuffie County. Personally appeared before the undersigned officer, duly authorized to administer oaths, Jerry Whittle, who on oath deposes and says that he is the Publisher of The McDuffie Progress, the official organ of McDuffie County, Georgia, and certifies that the attached copy of Notice of Intention to Introduce Local Legislation was published in the McDuffie Progress on the following dates: January 5, 12 and 19, 1978. /s/ Jerry Whittle

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Sworn to and subscribed before me, this 3rd day of February, 1978. /s/ Iona T. Price Notary Public, Georgia, State at Large. My Commission Expires March 27, 1978. (Seal). Approved March 13, 1978. CLAYTON COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 958 (House Bill No. 1700). 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, particularly by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2610), so as to change the provisions relative to the compensation of the Chairman and other members of the Board of Commissioners; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended, particularly by an Act approved February 11, 1977 (Ga. Laws 1977, p. 2610), is hereby amended by striking from the first sentence of Section 7 the following: $25,000.00, and inserting in lieu thereof the following: $30,000.00, and by striking from the third sentence of said Section the following:

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$6,000.00, and inserting in lieu thereof the following: $6,300.00, so that when so amended Section 7 shall read as follows: Section 7. Compensation. The Chairman of the Board shall be compensated in the amount of $30,000.00 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 a County automobile while engaged in County business. The other four members of the Board shall be compensated in the amount of $6,300.00 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 maters 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. This Act shall become effective on the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended; and for other purposes. This 10th day of January, 1978. /s/ Rudolph Johnson Representative, 72nd District /s/ William J. Lee Representative, 72nd District /s/ Jim Wood Representative, 72nd District /s/ Jimmy Benefield Representative, 72nd District /s/ Terrell A. Starr Senator, 44th District Affidavit of Publication Georgia, Clayton County. Personally appeared before the undersigned Jim Wood who on oath says that he is Publisher of News/Daily, and that the legal advertisement which appears above was published in said newspaper on the following dates: January 10, 17, 24, 1978. /s/ Jim Wood, Publisher Sworn to and subscribed before me, this 24th day of January, 1978. /s/ Patricia A. Lisinske Notary Public, Georgia, State at Large. My Commission Expires Dec. 21, 1978. (Seal). Approved March 13, 1978.

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DOUGHERTY COUNTYPROBATE JUDGE'S SALARY. No. 959 (House Bill No. 1703). AN ACT To amend an Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved January 31, 1974 (Ga. Laws 1974, p. 2021), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3158), so as to change the compensation of the Judge of the Probate Court of Dougherty County; to change the provisions relating to fees; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Dougherty County upon an annual salary, approved March 7, 1955 (Ga. Laws 1955, p. 2874), as amended, particularly by an Act approved January 31, 1974 (Ga. Laws 1974, p. 2021), and an Act approved March 11, 1977 (Ga. Laws 1977, p. 3158), is hereby amended by striking subsection (b) of Section 2 of said Act, which reads as follows: (b) The salary of the Judge of the Probate Court of Dougherty County shall be $12,500.00 per annum., and inserting in lieu thereof the following: (b) The salary of the Judge of the Probate Court of Dougherty County shall be $18,000.00 per annum. Such salary shall be paid in lieu of all fees which are now or may hereafter be allowed by law to be received or collected as compensation by the judge of the probate court, specifically including those fees authorized pursuant to Code Chapter 88-17, relating to vital records, as the same may now or hereafter be amended. All such fees shall be collected and paid into the county treasury as provided by Section 5 of this Act. Section 2. This Act shall become effective on July 1, 1978.

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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 Legal Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the Georgia General Assembly, a bill to change the compensation of the Judge of Probate Court of Dougherty County; and for other purposes. This 8th day of December, 1977. /s/ Charles Hatcher Representative District 131 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/she 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 14, 1977, December 21, 1977 and December 28, 1977. /s/ Charles Hatcher Representative, 131 District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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BOARDS OF REGISTRATIONS AND ELECTIONS IN CERTAIN COUNTIES (200,000-600,000). No. 960 (Senate Bill No. 290). AN ACT To provide for a Board of Registrations and Elections in certain counties; to provide for the powers and duties of the board; to provide for the appointment, resignation, and removal of its members; to provide an administrative office for elections and registrations; to staff such office with an administrative director, clerical assistants and other employees; to provide compensation for administrative personnel and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created in each county of this State having a population of not less than 200,000, and not more than 600,000, according to the 1970 United States Decennial Census, or any such future census, a Board of Registrations and Elections which shall have jurisdiction over the conduct of primaries and elections and the registration of electors in such counties, in accordance with the provisions of this Act. Section 2. Such board shall be composed of five (5) members, each of whom shall be an elector and a resident of the county, and who shall be selected in the following manner: (a) Two (2) members shall be appointed by the chairman of the county executive committees of the political party whose candidates at the last preceding regular general election held for the election of all members of the General Assembly, received the largest number of votes in this State for members of the General Assembly, and two (2) members shall be appointed by the chairman of the county executive committee of the political party whose candidates at such election received the next largest number of such votes; provided, however, each of such appointments shall have been ratified by a majority of the members of each of such respective executive committees voting at a regularly scheduled meeting of such executive committee or a meeting duly called and held for such purposes. In

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the event such appointments are not ratified by a majority of the members of such executive committees at least sixty (60) days preceding the date on which such members are to take office, then the members of the respective executive committees may elect such members by a two-thirds majority of the membership of such executive committees at a regularly scheduled meeting or at a meeting duly called and held for such purposes. In the event the members of said executive committees fail to elect such members at least thirty (30) days preceding the date on which such members are to take office then such member shall be appointed in accordance with the provisions of Section 5 of this Act. (b) The fifth member of the board shall be appointed by a majority vote of the other four members of the board. Said fifth member shall be appointed within thirty (30) days of the party-appointed members taking office. The fifth member so selected shall be deemed to be a member at large. Any appointment made under the provisions of this paragraph shall also be entered upon the minutes of the governing authority. The appointment of the member at large shall not be governed by the provisions of Section 5 of this Act. Section 3. No person who holds public office, whether elective or appointive, shall be eligible to serve as a member of the board during the term of such elective office, and the position of membership of any member shall be deemed vacant upon such member qualifying as a candidate for said elective public office. Neither the Acting Elections Supervisor, nor the Elections Supervisor, shall be eligible to serve as a member of the board, nor shall either of them be appointed or elected to serve as a member of the board. Section 4. The appointment or election of each appointed or elected member shall be made by the respective appointing or electing authority filing an affidavit with the clerk of the superior court, no later than thirty (30) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed or elected and certifying that such member has been duly appointed or elected as provided in this Act. The appointment of the fifth member of the board, known as the member at large, shall be made by the other four members of the board filing an affidavit with the clerk of the superior court, no

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later than fifteen (15) days preceding the date at which such member is to take office, stating the name and residential address of the person appointed and certifying that such member has been duly appointed as provided in this Act. The clerk of the superior court shall record each of such certifications on the minutes of the court and shall certify the name of each appointed or elected member to the Secretary of State and provide for the issuance of appropriate commissions to the members as provided by law for registrars. Section 5. In the event any appointing or electing authority fails (1) to make a regular appointment or election within the times specified in Section 2, or Section 4, or (2) to make an interim appointment or election to fill a vacancy within ninety (90) days after the creation of such vacancy, such regular member or the member to fill such vacancy shall be appointed forthwith by the governing authority of said county. This Section shall not apply to the selection process of the member at large. Section 6. Each appointed or elected member of the board shall (1) serve for a term of two years and until his successor is appointed or elected and qualified, except in the event of resignation or removal as hereinafter provided; (2) be eligible to succeed himself and shall have the right to resign at any time by giving written notice of his resignation to the respective appointing or electing authority and to the clerk of the superior court; and (3) shall be subject to removal from the board at any time, for cause after notice and hearing, in the same manner and by the same authority as is provided for the removal of registrars. Section 7. In the event a vacancy occurs in the office of any appointed or elected member before the expiration of his term, by removal, death or resignation, or otherwise, the respective appointing or electing authority shall appoint or elect a successor to serve for the remainder of the unexpired term. The clerk of the superior court shall be notified of interim appointments or elections and record and certify such appointments or elections in the same manner as the regular appointment or election of members. Section 8. (a) The first members of the board under this Act shall take office on June 1, 1979, for the purpose only of selecting the member at large.

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(b) The newly constituted board shall take office on July 1, 1979, so long as the member at large has been certified to the clerk of the superior court by such date. The board shall take no official action until the member at large has been certified to the clerk of the superior court. (c) Before entering upon his duties, each member shall take substantially the same oath as required by law for registrars and shall have the same privileges from arrest. Section 9. The board shall: (a) with regard to the preparation for and conduct of elections, succeed to and exercise all duties and powers granted to and incumbent upon the judge of the probate court by Title 34 of the Georgia Code of 1933, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (b) With regard to preparation for and conduct of primaries, succeed to all the duties and powers granted to and incumbent upon the judge of the probate court by Title 34 of the Georgia Code of 1933, as now or hereafter amended, of whatever nature and kind, and any other provision of law with respect thereto. (c) With regard to the registration of electors, succeed to and exercise all powers, duties and responsibilities conferred upon and incumbent upon the board of registrars pursuant to Title 34 of the Georgia Code of 1933, as now or hereafter amended, or any other provision of law. Section 10. Any rule or regulation promulgated by a county executive committee under the provisions of Code Section 34-902 (c), as amended, with regard to the conduct of primaries, shall be null and void if in conflict with a valid rule or regulation of the Board of Registrations and Elections. Section 11. Nothing in this Act shall be construed to require or prohibit joint primaries or to require or prohibit the governing authority or any other public agency to bear any expense of conducting primaries not otherwise required by law. Section 12. With the consent of the governing authority, the board shall be authorized to expend public funds for the purpose of

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preparing and distributing material solely to adequately inform and instruct electors of the county with regard to elections. No material distributed by the board shall contain or express, in any manner or form, any commentary or expression of opinion, or request for support, with respect to any political issue or matter of political concern. Section 13. The board shall be authorized and empowered to organize itself, elect its officers, determine its procedural rules and regulations, adopt bylaws, specify the functions and duties of its employees, and otherwise take such action as is appropriate to the management of the affairs committed to its supervision; provided, however, that no such action shall conflict with State law. Action and decision by the board shall be by a majority of the members of the board. Section 14. This board shall fix and establish by appropriate resolution entered on its minutes, directives governing the execution of matters within its jurisdiction. The board shall hold regular monthly meetings to be held at the county courthouse. Any special called meetings, held pursuant to the bylaws adopted by the board, shall be held only after written notification of the time and place of the holding of such meeting has been communicated in writing to the person designated by the county governing authority to provide public information. All meetings of whatever kind of the board shall be open to the public. The board shall maintain a written record of policy decisions that shall be amended to include additions or deletions. Such written record shall be made available for the public to review. Section 15. The board shall be responsible for the selection and appointment of an administrative director, herein to be known as the Elections Supervisor, to administer and supervise conduct of elections, primaries, and registration of electors for the county. The board shall act within sixty (60) days of its members taking office under this Act to retain or appoint an Elections Supervisor who shall be hired by the board from a job description drawn by said board. Compensation shall be determined in accordance with and under the merit system established by the governing authority of the county. Compensation for the Elections Supervisor shall be paid by

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the governing authority under the merit system wholly from county funds. The position of Elections Supervisor shall initially be filled as provided in this Section upon the expiration of the term of the present Chief Registrar, July 1, 1981, who shall serve in an acting capacity as Elections Supervisor, to be called the Acting Elections Supervisor and to be compensated under the county merit system in the same manner as provided for him as Chief Registrar, until his successor is appointed or he is reappointed. Section 16. The governing authority of the county shall expend public funds to provide the Elections Supervisor with such proper and suitable administrative offices and with such clerical assistants and other employees as the governing authority shall deem appropriate in accordance with the merit system. Compensation for such administrative personnel shall be paid by the governing authority under the merit system wholly from county funds. Section 17. In the event the board fails to appoint or retain an Elections Supervisor to fill a vacancy within the time specified in Section 15 of this Act, an Acting elections Supervisor who shall fill temporarily such vacancy shall be appointed forthwith by the governing authority to serve until the board fills the vacancy as provided in this Act. Section 18. The board shall be responsible for the selection, appointment and training of poll workers in elections. Such workers shall be appointed, insofar as practical, from lists provided by the county executive committees of the two major political parties appointing members to the Board of Registrations and Elections. Section 19. Compensation for members on the board shall be set at $100.00 a month. Said compensation shall be paid by the governing authority wholly from county funds. Section 20. The words election, elector, political party, primary, public office, special election, and special primary, shall have the same meaning ascribed to those words by Code Section 34-103 of the Code of Georgia of 1933, as amended, unless otherwise clearly apparent from the text of this Act. Section 21. Effective July 1, 1979, the Board of Registrars in all such counties shall be abolished.

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Section 22. An Act approved April 18, 1967 (Ga. Laws 1967, p. 3280), relating to Boards of Electors in certain counties, is hereby repealed in its entirety, effective July 1, 1979. Section 23. This Act shall become effective on July 1, 1978. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 13, 1978. HARRIS COUNTYSMALL CLAIMS COURT JURISDICTION. No. 961 (House Bill No. 1436). AN ACT To amend an Act creating a Small Claims Court in Harris County, approved March 3, 1966 (Ga. Laws 1966, p. 2986), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4367), so as to change the jurisdictional amount of the 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 Harris County, approved March 3, 1966 (Ga. Laws 1966, p. 2986), as amended by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4367), is hereby amended by striking from Section 1, the following: one thousand dollars ($1,000.00), and inserting in lieu thereof the following:

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five thousand ($5,000.00) dollars, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established in Harris County a court to be known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or damages claimed or value of the property involved does not exceed five thousand ($5,000.00) 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. Said jurisdiction shall include the power to issue writs of garnishment and attachment and, in addition to the powers herein specifically granted, also all the powers granted to justices of the peace by the laws of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Legislation. Notice is hereby given that a bill will be introduced in the 1978 Session of the General Assembly of Georgia to amend the Act creating the Small Claims Court in Harris County to increase the Civil Jurisdiction of said Court from $1000.00 to $5000.00. This 12th day of December, 1977. /s/ 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/she 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: December 15, 22, and 29, 1977. /s/ W. Randolph Phillips Representative, 91st District

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Sworn to and subscribed before me, this 11th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. SCHLEY COUNTYSMALL CLAIMS COURT ACT REPEALED. No. 962 (House Bill No. 1438). AN ACT To repeal an Act creating and establishing a Small Claims Court in and for Schley County, approved March 27, 1972 (Ga. Laws 1972, p. 2431); to provide for the disposition of all suits, cases, papers, processes, books, indexes and all other matters and materials of said court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in and for Schley County, approved March 27, 1972 (Ga. Laws 1972, p. 2431), is hereby repealed in its entirety, and the Small Claims Court of Schley County, as provided for therein, is hereby abolished. Section 2. All mesne and final processes for the Small Claims Court of Schley County which have not been executed at the time that this Act takes effect shall be returned to the Superior Court of Schley County, Georgia. All cases pending in said Small Claims

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Court of Schley County on the effective date of this Act are hereby transferred to the Superior Court of Schley County. All books, papers and records attaching to such actions shall be transferred to the proper offices of the Superior Court of Schley County, and in all other respects the Superior Court of Schley County shall stand substitute on and after the effective date of this Act for the Small Claims Court of Schley County, and all subsequent proceedings shall be the same as if such cases had been originally filed in the Superior Court of Schley County. All books, records, indexes and property of any nature whatsoever shall be and become the property of the Superior Court of Schley County on and after the effective date of this Act. Nothing contained herein shall be construed to prohibit the Superior Court of Schley County from transferring any pending cases transferred to it by the provisions of this Act to any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of such other courts as provided by the Constitution and laws of this 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 1978 Session of the General Assembly of Georgia, a bill to repeal an Act creating and establishing a Small Claims Court in and for Schley County, approved March 27, 1972 (Ga. Laws 1972, p. 2431), so as to abolish the Small Claims Court of Schley County; to provide for the transfer of cases, records and other materials to the Superior Court of Schley County; and for other purposes. This 22nd day of December, 1977. /s/ Larry Walker Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Larry Walker, who, on oath, deposes

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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: December 29, 1977, January 5, 1978 and January 12, 1978. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 16th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF REMERTONCHARTER AMENDED. No. 963 (House Bill No. 1471). AN ACT To amend an Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3664), so as to change the provisions relating to the residency of the mayor and councilmen; to change the maximum business license fee that can be charged for doing business in the City of Remerton; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act incorporating the City of Remerton, approved February 19, 1951 (Ga. Laws 1951, p. 2647), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p.

Page 3688

3664), is hereby amended by adding a sentence at the end of Section 3 to read as follows: The mayor and all councilmen elected in 1979 and subsequent elections shall be residents of the City of Remerton and shall resign and vacate their offices in the event they move out of the City of Remerton during their terms of office, and their successors shall be elected at a special election to be held under provisions of The Georgia Municipal Election Code after a resolution has been passed by the city council declaring the office vacant., so that when so amended, Section 3 shall read as follows: Section 3. The government of said City shall be vested in a city council composed of a mayor and five councilmen who shall be elected every two years at an election held on the first Tuesday in February in accordance with the provisions of Code Title 34A, The Georgia Municipal Election Code, as now or hereafter amended. The mayor and all councilmen elected in 1979 and subsequent elections shall be residents of the City of Remerton and shall resign and vacate their offices in the event they move out of the City of Remerton during their terms of office, and their successors shall be elected at a special election to be held under provisions of The Georgia Municipal Election Code after a resolution has been passed by the city council declaring the office vacant. Section 2. Said Act is further amended by striking from Section 8 the following: not exceeding two hundred dollars per annum, and inserting in lieu thereof the following: not exceeding one thousand dollars per annum, so that when so amended, Section 8 shall read as follows: Section 8. Be it further enacted, that the said mayor and council shall have power to require any person, firm, corporation, or company engaged in carrying on or who may engage in or carry on any trade, business, calling, vocation, or profession within the corporate limits of said town to register their name and business,

Page 3689

calling or vocation, annually, and to require such person, company, or association to pay for such registration and for license to prosecute, carry on, engage in such business, calling, or profession aforesaid, not exceeding one thousand dollars per annum, except that the amount for licenses to engage in the wholesale or retail sale of liquor, wine and beer or other malt beverages shall be limited in amount only by the laws of the State of Georgia. Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation To whom it may concern: Notice is hereby given that application will be made to the 1978 session of the General Assembly of Georgia for the passage of a bill amending the Charter of the City of Remerton which bill shall be entitled as follows: A bill entitled: An act to amend the Charter of the City of Remerton as set forth in the act of the General Assembly of Georgia incorporating said city, approved February 19, 1951, (Ga. L. 1951, p. 2647), as amended by an act approved March 28, 1974 (Ga. L. 1974, p. 3664). /s/ Fred H. Walker Attorney For The City of Remerton

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AFFIDAVIT Georgia, Lowndes County. I Tenney S. Griffin, do hereby certify and on oath depose and say that I am the publisher of the Valdosta Daily Times, which is a newspaper in which sheriff's advertisements for Lowndes County, Georgia, are published; That the attached and foregoing instrument entitled Notice of Intention to Apply for Local Legislation is a true and correct copy of a notice which was published in said newspaper once a week for three weeks on December 16th, 23rd, and 30th, 1977, and that said notice has been published as provided by law. /s/ Tenney S. Griffin Sworn to and subscribed before me, this 6th day of January, 1978. /s/ Margaret Snow Notary Public, Lowndes County, Ga. My Commission Expires March 9, 1979. (Seal). Approved March 13, 1978. BLECKLEY COUNTYJURISDICTION OF SMALL CLAIMS COURT. No. 964 (House Bill No. 1468). AN ACT To amend an Act to create a Small Claims Court in and for Bleckley County, approved March 31, 1972 (Ga. Laws 1972, p. 3248), as amended, so as to change the jurisdictional amount of the 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 to create a Small Claims Court in and for Bleckley County, approved March 31, 1972 (Ga. Laws 1972, p. 3248), as amended, is hereby amended by striking from Section 1 thereof the following: $750.00, and substituting in lieu thereof the following: $1,500.00, so that when so amended Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Bleckley 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 pertaining to civil actions. 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 1978 regular session of the Georgia General Assembly a bill to amend the act to create and establish a small claim court for Bleckley County, approved March 31, 1972, Georgia Law 1972, Page 3248, so as to change Jurisdictional amount and for other purposes. /s/ Ben Jessup Representative, 117th District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Jessup, who, on oath, deposes and says that he is Representative from the 117th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Cochran Journal which is the official organ of Bleckley County, on the following dates: December 21, 1977, December 28, 1977 and January 4, 1978. /s/ Ben Jessup Representative, 117th District Sworn to and subscribed before me, this 16th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. BURKE COUNTYPROBATE COURT PERSONNEL, ETC. No. 965 (House Bill No. 1472). AN ACT To amend an Act providing supplemental compensation for the Judge of the Probate Court of Burke County, approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2183), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2556), so as to provide for personnel of the judge's office; to provide for payment of expenses from county funds; to repeal conflicting laws; and for other purposes.

Page 3693

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing supplemental compensation for the Judge of the Probate Court of Burke County, approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2183), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2556), is hereby amended by adding a new Section after Section 1 thereof, to be designated Section 1A, to read as follows: Section 1A. The Judge of the Probate Court of Burke County shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. 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 of Burke County, 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. Necessary operating expenses of the judge's office incurred pursuant to this Section shall be paid by the governing authority out of 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 1978 Session of the General Assembly of Georgia, a bill to provide for the employment and compensation of personnel for the Office of

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the Judge of Probate Court of Burke County, to provide for other matters relative thereto; and for other purposes. This 27th day of December, 1977. /s/ Ray DeLaigle Chairman, Board of Commissioners Burke County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Emory E. Bargeron, who, on oath, deposes and says that he is Representative from the 83rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The True Citizen which is the official organ of Burke County, on the following dates: December 28, 1977, January 4, 1978 and January 11, 1978. /s/ Emory E. Bargeron Representative, 83rd District Sworn to and subscribed before me, this 16th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TOWN OF IRON CITYCOMPENSATION OF MAYOR AND ALDERMEN. No. 966 (House Bill No. 1473). AN ACT To amend an Act creating a new charter for the Town of Iron City in the County of Seminole, approved August 17, 1908 (Ga. Laws 1908, p. 752), as amended, so as to change the compensation provisions relating to the mayor and aldermen; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the Town of Iron City in the County of Seminole, approved August 17, 1908 (Ga. Laws 1908, p. 752), as amended, is hereby amended by striking Section 27 in its entirety and inserting in lieu thereof a new Section 27 to read as follows: Section 27. The compensation or salaries of mayor and councilmen and all other officers, servants and employees of the town shall be such sums as the town council may fix; provided, however, that the mayor's salary shall not exceed $1,200.00 a year and each alderman's salary shall not exceed the sum of $900.00 a year. The mayor and aldermen and such other officers as they may designate may, in addition to such compensation or salary, be relieved of street tax and street duty. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. Notice is hereby given that I shall introduce a Bill in the 1978 Session of the General Assembly of Georgia to amend the charter of the Town of Iron City changing the salaries of the Mayor and Alderman as provided for therein.

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This 23rd day of December, 1977. /s/ Walter E. Cox Representative, 141st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Walter E. Cox, who, on oath, deposes and says that he is Representative from the 141st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Donalsonville News which is the official organ of Seminole County, on the following dates: December 29, 1977, January 5, January 12, 1978. /s/ Walter E. Cox Representative, 141st District Sworn to and subscribed before me, this 10th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 1, 1978. COOK COUNTY AIRPORT AUTHORITY ACT. No. 967 (House Bill No. 1523). AN ACT To establish an Airport Authority for Cook County to be known as Cook County Airport Authority, which Authority shall be a public corporation, having the right, power and authority separately or jointly, to acquire, establish, construct, expand, own, lease,

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control, equip, improve, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including such airports and landing fields as may now or may at any time be owned or under the custody, control, use and occupancy of Cook County, Georgia, and the City of Adel, Georgia; to provide for the membership of said Cook County Airport Authority, their tenure of office, and the selections of their successors; and to prescribe generally the rights, powers, authority and duties of said airport Authority; 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 in and for Cook County, Georgia, an airport Authority which shall be known as the Cook County Airport Authority, which shall be a public body corporate and politic, having jurisdiction within the territorial limits of said county, and which shall consist of a board of five members. The word Authority, as hereinafter used, shall be deemed to mean the Cook County Airport Authority. Section 2. The said Authority shall be composed of five (5) members, who shall be selected as follows: Post Nos. 1 and 2 shall be selected by the Cook County Board of Commissioners; Post Nos. 3 and 4 shall be selected by the Adel City Council; Post No. 5 shall be selected by the Cook County Chamber of Commerce Board of Directors. Vacancies in such Authority shall be filled in the same manner as the holder of such vacated post as is herein provided, and which appointment shall be for the remainder of the term so vacated. Prior to assuming duties as a member of such Authority, each member thereof shall take substantially the following oath: I do solemnly swear that I shall faithfully and impartially and well and truly discharge the duties of a member of the Cook County Airport Authority in all matters which require my official action, to the best of my knowledge and skill, and I will so act as in my judgment will be most conducive to the welfare and best interest of the operation of airports and to the entire county, so help me God. Said oath shall be administered by either the mayor of the City of Adel or by the chairman of the Board of Commissioners of Cook County, Georgia.

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The members of said Cook County Airport Authority shall serve without compensation. Section 3. Said Authority shall be deemed to exercise public and essential governmental functions and shall have all the powers necessary or convenient to carry out and effectuate its purpose and project, including, but not limited to, the power and authority, separately or jointly, to acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate and police airports and landing fields for use of aircrafts within the limits of said Cook County. Each member of said Authority shall be a resident of Cook County, Georgia, and shall be at least 21 years of age. The term of office of each member of said Authority shall be four (4) years, provided that upon this Act becoming effective each member shall have initial terms of the remainder of the calendar year 1978 and four (4) years from January 1, 1979, and which term shall expire on December 31, 1983. The terms of each post shall after such initial term be for a period of four (4) years. Said Authority shall promulgate rules and regulations for such operations; to sue and be sued; to have a seal and alter the same; to make and execute contracts and other instruments necessary to the exercise of the power of the Authority; to acquire by the exercise of the right of eminent domain any property essential in the determination of the Authority to the purposes of the Authority; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or interest therein; to mortgage, pledge and assign any revenues, incomes, tolls, charges or fees received by the Authority; to issue bonds of indebtedness for the purpose of providing funds for carrying out the duties of the Authority, provided such bonds shall not extend beyond the period of 20 years beyond the date of issuance thereof and provided further that such bonds shall be payable from the revenues realized from the projects of said Authority or any part thereof; to borrow money for any corporate purposes provided that such borrowing of money shall be in compliance with Section 6 herein stated; to appoint officers, agents or employees; to make use of any and all facilities, funds and other benefits afforded by the federal government or by the State of Georgia or any agency or instrumentality thereof; and to exercise any and all powers now

Page 3699

or hereafter possessed by private corporations performing similar functions. Section 4. Said Cook County Airport Authority shall not have power or authority to levy and tax of any kind for the purpose of providing revenue for its operation and the performing of its functions. However, said Authority is hereby granted the right to make such charges and assessments as it may deem appropriate for the use of any and all airport and aircraft facilities located in said county and any and all revenues produced and received by the said Authority from such purposes shall be used and utilized by such Authority as it may be deemed appropriate in performance of the functions herein stated. For the purposes of this Section, the term tax shall mean to apply only to a general assessment through said county and shall not apply to any charges made by said Authority for the use of such services and facilities upon airports as is herein referred to. Section 5. Said Authority shall not operate or construct any project for profit and shall fix rates and charges consistent with this declaration of policy and such as will produce revenues only in amounts, in the opinion of said Authority, sufficient together with other funds of the Authority to pay principal and interest upon any indebtedness or certificate of obligation; to provide for maintenance and operation of the project in a modern, safe and current manner; and to provide reasonable reserve for the expansion of the facilities and services of the Authority. Any revenue bonds issued by said Authority shall be issued in compliance with Georgia Code Section 87-8, Revenue Bonds. No such bond shall be a personal or general obligation of any of said members and none of said members, nor any person executing such bonds on behalf of said Authority, shall be personally liable thereon. Section 6. Said Authority shall not at any time have the right or authority to bind or in any manner obligate Cook County or the City of Adel, Georgia, upon any indebtedness unless and until such indebtedness is authorized by resolution of the Board of Commissioners of Cook County, Georgia, or the City Council of the City of Adel, Georgia, as the case may be. The Authority shall, however, have the right to bind Cook County and the City of Adel insofar as any lease or rental contract for the use and occupancy of airport property owned by Cook County and the City of Adel is concerned, provided that neither Cook County nor the City of Adel shall be

Page 3700

liable for any penalties or forfeitures contained in any such leases or rental agreement. Section 7. Said Authority shall make or cause to be made to the Board of Commissioners of Cook County and to the City Council of the City of Adel, Georgia, at least annually or at such other reasonable times as may be required by either said city council or said board of commissioners, a written certified auditor's report in duplicate showing the operation of said Cook County Airport Authority. Said report shall contain and set forth the true condition of the affairs of said Authority, both from a financial standpoint and the services rendered, including receipts and disbursements, sources of receipts and purposes of disbursements, any and all indebtedness, cash on hand and accounts receivable and accounts payable. Said reports shall be signed by the chairman of said Authority and shall be filed and preserved in the office of the board of commissioners and in the office of the City Council of Adel, Georgia. The said Authority shall immediately furnish to either the Board of Commissioners of Cook County, Georgia, or to the City Council of the City of Adel, Georgia, any and all information requested in writing by either of said bodies as to the operation of said Authority, its projects and actions. Section 8. The said Authority shall elect one of its members as chairman, one as vice chairman, and one person as secretary who need not be a member of the Authority; and such officers of such Authority shall serve for a term of one year. The said Authority shall vote upon all matters and a majority vote of such members present shall be mandatory. The said Authority shall have the power to delegate its functions to committees composed of membership thereof; however, no contracts or agreements shall be binding upon such Authority until the same has been approved by a majority of members present and such approval recorded in the minutes of said Authority. It shall take four members of the Authority to constitute a quorum. The said Authority shall meet monthly and at such time and place as may be designated by the chairman and other meetings may be held at any time on the call of any three members of the Authority when in their judgment the interest of the Authority and of the county demands it.

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Section 9. This Act is hereby declared to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not impair or render any of the remaining provisions unconstitutional. Should the whole of said Act be, for any reason, declared unconstitutional, then the operation, management, supervision and control of airports in Cook County shall revert back to respective authorities supervising, managing and operating said airports at the time of the passage of this Act. Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 11. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that there will be introduced in the 1977 Session of the General Assembly of Georgia an Act creating a Cook County Airport Authority; to provide for the appointment, duties, powers, qualification, substitution and the tenure of office of the members thereof; to provide that such authority shall be a public corporation, having the right, power and authority separately or jointly to acquire, establish, construct, expand, own, lease, maintain, operate, regulate and police airports and landing fields for the use of aircraft within the limits of said county, including the maintenance, operation, regulation and policing of such airports and landing fields as may now be located in said county; and to prescribe generally the rights, powers, authority and duties of said Airport Authority; and for other purposes. This 19th day of Dec., 1977. County Commissioners of Cook County City Councilmen of the City of Adel, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Grover C. Patten, who, on oath, deposes and says that he is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Adel News which is the official organ of Cook County, on the following dates: December 28, 1977. January 4, 1978, January 11, 1978. /s/ Grover C. Patten Representative, 146th District Sworn to and subscribed before me, this 12th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF DUBLINNEW CHARTER. No. 968 (House Bill No. 1578). AN ACT To provide for incorporation and name; to provide corporate powers and the exercise thereof; to provide for continuation; to provide for corporate boundaries; to provide for mayor and council, their composition, number, election, terms, compensation, qualification, powers, duties and oath; to provide for meetings and quorum; to provide for mayor pro tempore and the duties thereof; to provide for rules of procedure; to provide for city clerk, city treasurer, city attorney, city judge and city manager and the term, duties, responsibilities, qualifications, appointment and compensation,

Page 3703

suspension or removal thereof; to provide for prohibitions; to provide for ordinances and the procedures connected therewith; to provide for election of officers of the city and the procedures connected therewith; to provide for vacancies and removal; to provide for city departments and agencies and the reorganization thereof; to prohibit interference with certain city employees; to provide for an acting city manager; to provide for the organization, power, duties and personnel of the city departments and agencies; to provide for a city court, its name, powers, duties, and jurisdiction; to provide for appeals; to provide for absence or disability of the city judge and for vacancies in such office; to provide for finance and taxation, including the assessment, levy and collection of property tax, occupation or business taxes, licenses, permits, fees, franchises, service charges and special assessments; to provide for collection of taxes, fees and other revenue; to authorize the issuance of bonds and notes; to provide for a fiscal year, audits, budgets and their preparation and adoption; to provide authority for the creation of commissions, councils and boards, their composition, appointment, duties and bylaws; to provide for sale of city property; to provide for eminent domain; to provide for official bonds; to prohibit certain conduct by officers and employees of the city; to provide for continuance of ordinance and resolutions; to provide for continuance of contracts and other obligations; to provide penalties; to provide for all matters relating to the foregoing; to provide as to captions; to provide for severability; to specifically repeal certain laws; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The Charter of the City of Dublin shall read as follows: CITY OF DUBLIN CHARTER ARTICLE I INCORPORATION, POWERS, BOUNDARIES Section 1.1. Incorporation; Name, Corporate Powers. The City of Dublin, Georgia, in the County of Laurens, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Dublin (hereinafter at times referred to as the `City'). The City shall be the legal continuation and successor to

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the City as heretofore incorporated and shall continue to be vested with all of the property and rights of property which now belong to the City; shall have perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of any of such property; and may have a common seal and alter and review the same at will; and may exercise in conformity with this Charter all municipal powers, functions, rights, privileges, and immunities of every name and nature whatsoever. Section 1.2. 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 to be retained permanently in the office of the City Clerk and to be designated: `Official Map of the Corporate Limits of the City of Dublin, Georgia'. 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 Mayor and 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. (c) The corporate limits of the City of Dublin shall not contain either of the following described tracts of land: (1) All that certain tract or parcel of land lying and being in Land Lot 93 in the 1st Land District of Laurens County, Georgia, containing 50 acres, more or less, and more particularly described by reference to a plat of survey made by Daniel R. Riggs, Surveyor, on September 9, 1977, and described as the Fire Tower Road, Pecan Grove Subdivision, Section 1, as shown by said plat, a copy of which is recorded in the office of the Clerk of Laurens Superior Court in Deed Book 350, page 63. The recorded plat and the courses and distances shown thereon are incorporated into and made a part of this description by reference thereto.

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(2) All that certain tract or parcel of land lying and being in Land Lot 91 in the 1st Land District of Laurens County, Georgia, containing 51.12 acres, as shown by a plat of survey made by J. D. Glover, Surveyor, on July 1-3, 1972, and recorded in Deed Book 300, page 251, in the office of the Clerk of Laurens Superior Court. The recorded plat and the description contained therein are made a part hereof by reference. Section 1.3. Powers and Construction. (a) The City shall have all powers possible for a city to have under the present and any future Constitution and statute 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. Specified Powers. The corporate powers of this City shall include, but are not 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 support of the government of the City, to authorize the expenditures 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;

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(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, or under other applicable Public Acts as have been or may be enacted; (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; (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;

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(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, or other applicable Public Acts, as are or may be enacted; (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 Mayor and 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 intoxicating liquors; 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

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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 firefighting, 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 is or may 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; 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

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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 destruction, when not redeemed as provided by ordinance; to provide punishment for violation of 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

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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 Delegations 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 firefighting 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 reasonble 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 and operate such public transportation systems as are deemed beneficial;

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(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 1.5. 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 MAYOR AND COUNCIL Section 2.1. Mayor and Council; Composition; Number; Election. The legislative authority of the government of the City, except as otherwise specifically provided in this Charter, shall be vested in a Mayor and a City Council composed of seven (7) Council members. Four (4) Council members shall be ward Council members and three (3) Council members shall be Council members at large. The Mayor and Council members shall be elected in the manner provided in Article III of this Charter. Section 2.2. Mayor and Council; Terms and Qualifications for Office. (a) Except as otherwise provided herein, the Mayor and

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members of the City Council shall serve terms of two (2) years and until their respective successors are elected and qualified. (b) To be eligible for election as Mayor or Council member at large, a person must be a registered and qualified voter of the City at the time of qualifying for office, and must continue to reside therein during the term of the office. To be eligible for election as a ward Council member, a person must be a resident of the ward at the time of qualifying for office, and must continue to reside therein during the term of office. A person must be 25 years of age at the time of qualifying for Mayor and 21 years of age at the time of qualifying for Council member. (c) In order to qualify for the office, the person elected or appointed shall take and subscribe the following oath: `I do solemnly swear that I will well and truly perform the duties of Mayor (or Council member, as the case may be) of the City of Dublin, to the best of my skill and ability, and as to me shall seem to be for the best interest and welfare of the City, without fear, favor, or affection, so help me God.' Section 2.3. Compensation. The Mayor and Council shall receive as compensation for their services an amount set by ordinance. The Mayor and Council shall establish a policy for reimbursement of the actual and necessary expenses incurred by its members in the performance of their official duties. Section 2.4. Mayor; Powers and Duties. The Mayor shall be the official head of the City government and chief representative of the City and it shall be the Mayor's duty: (1) To preside at meetings of the Mayor and Council. The Mayor shall have all the rights, powers, and duties and responsibilities as a Council member except that the Mayor shall be entitled to vote on matters before the Mayor and Council only in the following instances: (a) when there is an equal division on the question, and then the Mayor shall determine the matter by his vote;

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(b) on the adoption of an emergency ordinance; (c) in proceedings for the removal of a Council member; and (d) to veto ordinances as provided herein. (2) As provided by law or by action of the Mayor and Council, to sign contracts on behalf of the City; (3) To keep informed about financial and other affairs of the City, and from time to time to present information about the affairs of the City and to recommend such measures as deemed best for the City, including statements and reports to the citizens concerning the affairs of the City; (4) To serve as a member of boards, commissions and committees required by law or by action of the Mayor and Council; and (5) To perform such other duties consistent with this Charter and as may be required by the Council. Section 2.5. Organizational Meeting; Oath, Election of Mayor Pro Tempore. The Mayor and Council shall meet for organization in the Council chamber on the date and at the time of the first regular meeting in January following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday. At the organizational meeting, the Mayor, if newly elected, and each newly elected Council member shall qualify by taking the oath of office prescribed herein. The oath shall be administered by a person authorized to administer oaths. The organization of the Mayor and Council shall take place notwithstanding the absence, death, refusal to serve, failure to qualify, or nonelection of one (1) or more members, but at least a quorum of the members must be present. Following the induction of new members, the Mayor and Council, by majority vote, shall elect a Council member to serve as Mayor Pro Tempore, who shall serve at its pleasure and until a successor is elected. Section 2.6. Mayor Pro Tempore; Duties. The Mayor Pro Tempore shall exercise all of the powers and discharge all of the duties of the Mayor during a vacancy in the office, absence or disability

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of the Mayor for any cause, and until such vacancy has been regularly filled or until the return of the Mayor or the removal of the disability. In the event of the absence or disability of both the Mayor and Mayor Pro Tempore for any cause, the chairman shall preside over meetings and shall discharge the duties of Mayor until either the return of or removal of the disability of the Mayor or Mayor Pro Tempore. Section 2.7. Quorum. The Mayor, or Mayor Pro Tempore, and four (4) members of the Council shall constitute a quorum for the transaction of business, but a less number may adjourn from time to time to compel the attendance of absent members in such manner as may be prescribed by ordinance. Section 2.8 Meetings; Regular and Special. The Mayor and Council shall fix a suitable time for its regular meetings and shall meet at least once each month for the transaction of business. If in the discretion of the Mayor, or Mayor Pro Tempore, it is deemed necessary to have an extra meeting, the Mayor, or Mayor Pro Tempore, may call the Mayor and Council together immediately for the purpose of a special meeting. The Mayor and Council may adjourn its meetings to some definite time in the interim of regular monthly meetings. Section 2.9. Rules of Procedure. The City 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 2.10. City Clerk, City Treasurer; Appointment, Duties. (a) The Mayor and Council shall appoint a City Clerk and a City Treasurer who shall take such oath as required by the Mayor and Council. The City Clerk and City Treasurer may be the same person. Five (5) affirmative votes of the Mayor and Council shall be required for the appointment of the City Clerk and City Treasurer. The City Clerk and the City Treasurer shall serve at the pleasure of the Mayor and Council and may be removed at any time by a vote of five (5) members of the Mayor and Council adopting a resolution to that effect. Upon removal, the City Clerk and/or City Treasurer shall be paid forthwith any accrued salary to the date of removal, plus two weeks additional salary.

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(b) The City Clerk shall be responsible for keeping minutes of the proceedings of the Mayor and Council, shall be the custodian of all records and documents pertaining to actions of the Mayor and Council, and shall exercise those powers and perform those duties required by law and by the Mayor and Council. The City Clerk shall attest all formal contracts executed in behalf of the City. (c) The City Treasurer shall exercise those powers and duties required by law and by the Mayor and Council and shall provide requested information to and otherwise assist the City Manager and the Mayor and Council. (d) In the event of the absence or disability of the City Clerk or City Treasurer, or a vacancy in the office of either, the Mayor and Council shall appoint an Acting City Clerk or City Treasurer to serve until the return of the City Clerk or City Treasurer or the removal of disability or until the vacancy in office shall have been regularly filled. An Acting City Clerk or City Treasurer shall take the same oath, exercise all of the powers, and discharge all of the duties of the City Clerk or City Treasurer. Section 2.11. City Attorney; City Judge; Appointment, Compensation, Qualifications, Duties. (a) At its first regular meeting in January of each year, the Mayor and Council, by majority vote, shall appoint a City Attorney and a City Judge who shall take such oath as required by the Mayor and Council. The City Attorney and City Judge shall serve until the first meeting in January of the following year, and until their successors shall have been appointed and qualified, unless removed by a majority vote of the Mayor and Council prior thereto. (b) The City Attorney and City Judge shall receive such compensation as the Mayor and Council shall determine. (c) The City Attorney and City Judge shall be attorneys at law who have been licensed to engage in the practice of law in Georgia for a minimum of two years at the time of appointment. No person may simultaneously hold the offices of City Attorney and City Judge. (d) The City Attorney shall be the legal advisor to the City and shall perform such duties as required by law and by the Mayor and Council.

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(e) The City Judge shall preside over the City Court and shall perform such duties as required by law and by the Mayor and Council. Section 2.12. Prohibitions. (a) 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 said government or any agency thereof during the term for which he was elected. No former Mayor and no former Council member shall hold any compensated appointive office in the City until one year after the expiration of the term for which he was elected. (b) Neither the Mayor nor any Council member shall vote upon any question in which he is personally interested. Section 2.13. 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 Mayor and Council of the City of Dublin hereby ordain...' 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 Mayor and Council. Ordinances shall be considered and adopted or rejected 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 as provided herein. Upon introduction of any ordinance, the Clerk shall, as soon as possible, 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 Mayor and Council may designate. Proposed amendments to a proposed ordinance may be offered and voted on at the same meeting; provided, however, that any such proposed amendment is introduced in writing and pertains only to the subject matter of the proposed ordinance sought to be amended. Section 2.14. 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, all acts of the Mayor and Council which have the force and effect of law shall be done by ordinance.

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Section 2.15. Emergencies. On call of the Mayor or Mayor Pro Tempore or any two (2) Council members, the Mayor and Council may convene and promptly adopt an emergency ordinance to meet a public emergency affecting life, health, property or public peace, but such ordinance may not levy taxes, grant, renew or extend a franchise, 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 four (4) members of the Mayor and Council shall be required for adoption. The Mayor is specifically authorized to vote on emergency ordinances as provided in Section 2.4 of this Charter. An emergency ordinance shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed forty-five (45) 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 2.16. Votes Required to Adopt Ordinances; Effective Date. A majority vote of the Mayor and Council shall be required to adopt any ordinance except an emergency ordinance. All ordinances, except emergency ordinances, adopted by the Mayor and Council shall become effective at 12:00 o'clock noon on the fifth (5th) day after adoption, unless a later effective date is provided in the ordinance, or unless vetoed by the Mayor. Section 2.17. Veto of Ordinances. The Mayor may veto any ordinance by filing written notice thereof and the reasons therefor, with the City Clerk within four (4) calendar days after its adoption. An ordinance vetoed by the Mayor shall not become effective unless adopted by an affirmative vote of five (5) Council members at the next regular meeting of the Mayor and Council after the filing of the veto with the City Clerk. An ordinance adopted after veto, as provided herein, shall become effective upon adoption.

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ARTICLE III ELECTION, REMOVAL AND VACANCY IN OFFICE Section 3.1. Mayor; Election, Voting. The entire electorate of the City shall be entitled to vote in elections for Mayor. Such elections shall be conducted on a plurality vote basis with the candidate for Mayor receiving the highest total number of votes cast being elected. Section 3.2. Council Members at Large; Election, Voting. The entire electorate of the City shall be entitled to vote in elections for the three Council members at large. Such elections shall be conducted on a plurality vote basis with the three candidates receiving the highest total number of votes cast being elected. There shall be no full slate requirement. Each registered voter shall be allowed to cast three votes for three different candidates; two votes for two different candidates; or one vote for one candidate. No voter shall be required to cast all three votes. Section 3.3. Ward Council Members; Designation, Election, Voting. (a) The four ward Council members shall be elected from four separate, single-member districts called wards, and numbered 1, 2, 3 and 4. The boundaries and numbers of the wards shall be those existing on the effective date of this Charter as specifically set forth in the Order of the United States District Court for the Southern District of Georgia, Dublin Division, on October 8, 1975, in Civil Action Number CV374-14. The boundaries of the four wards shall at all times be shown on a map to be retained permanently in the office of the City Clerk and to be designated: `Official Map of the Council Wards of the City of Dublin, Georgia'. Territory annexed to the City shall become a part of the ward it abuts. If any such annexed territory abuts more than one ward, the dividing line between the wards shall be extended along its present course to make the division. (b) Elections for the four ward Council members shall be conducted on a plurality vote basis with the candidate from each ward receiving the highest total number of votes cast being elected. (c) Only voters residing in the ward on the date of an election may vote for a Council member for that ward.

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Section 3.4. Time of Elections. (a) Commencing in the year 1978 and every two (2) years thereafter, a regular election shall be held on the first Monday in October for the selection of three (3) Council members at large to succeed the incumbent Council members at large. The Council members at large elected in each such election shall serve for terms of two (2) years and until their successors are elected and qualified. (b) Commencing in the year 1980 and every two (2) years thereafter, a regular election shall be held on the first Monday in October for the selection of a Mayor and four (4) ward Council members from wards 1, 2, 3 and 4. The Mayor and ward Council members elected in said election shall serve for terms of two (2) years and until their successors are elected and qualified. Section 3.5. Polling Place or Places. All elections for Mayor and Council members, and all other elections, shall be held at a polling place or at polling places designated by the Mayor and Council. Section 3.6. Applicability of General Laws. Except as otherwise provided in this Charter, regular and special elections shall be conducted in accordance with provisions of the Act of the General Assembly entitled the `Georgia Municipal Election Code', approved April 4, 1968 (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 3.7. Candidates to Specify Office Sought. Every person who offers for election as Mayor or Council member of the City shall designate with the proper authority the specific office of Mayor or Council member for which he or she offers by designating the office of Mayor, Council member at large, or ward Council member for a specific numbered ward. Section 3.8. Special Elections. The Mayor and Council shall have power to call special elections as provided by law. All special elections shall be conducted in accordance with the applicable provisions of the Georgia Municipal Election Code. Section 3.9. 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

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qualified either dies, resigns, is removed, or no longer meets the qualifications of office. Section 3.10. Filling of Vacancies. In the event the office of Mayor or of a Council member shall become vacant for any cause whatsoever, the remaining members of the Mayor and Council shall, within 10 days after the occurrence of such vacancy, call a special election as provided by law to fill the balance of the unexpired term of office; provided, however, if a regular election for the vacant office is to be held within six (6) months after such vacancy occurs, the remaining members of Mayor and Council shall, by majority vote, appoint a qualified person to the remainder of the unexpired term. Section 3.11. Other Provisions. Except as otherwise provided by this Charter, the Mayor and Council, by ordinance, may prescribe such rules and regulations, including qualifying fees, as deemed appropriate to exercise any options or perform any duties under the Georgia Municipal Election Code (Ga. Laws 1968, p. 885), as now or hereafter amended. Section 3.12 through Section 3.20 Reserved. Section 3.21. Removal of Elected Officials. (a) The Mayor or a Council member may be removed from office for any one or more of the following causes: (1) incompetence, misfeasance or malfeasance in office; (2) conviction of a crime involving moral turpitude; (3) failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (4) knowingly violating any express prohibition of this Charter; (5) abandonment of office or neglect to perform the duties thereof; or (6) failure for any other cause to perform the duties of office as required by this Charter or by law.

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(b) Removal of the Mayor or a Council member shall be accomplished, after an investigative hearing, by a vote of five (5) of the remaining members of Mayor and Council with the Mayor specifically authorized to vote in proceedings for the removal of a Council member as provided in Section 2.4 of this Charter. In the event the Mayor or a Council member is sought to be removed, the person so sought to be removed shall be entitled to a written notice specifying the ground or grounds therefor and to a public hearing which shall be held not less than ten (10) days after the service of such written notice. Any person removed from office as herein provided shall have the right of appeal to the Superior Court of Laurens County, Georgia, in accordance with the provisions governing appeals to the Superior Court from the Probate Court. ARTICLE IV ORGANIZATION AND ADMINISTRATION Section 4.1. City Departments and Agencies. Except as provided by this Charter, the departments and agencies of the City shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the City Manager consistent therewith. Section 4.2. Administrative Reorganization. The Mayor and Council may by ordinance organize, combine, consolidate, or discontinue such departments, agencies, or divisions of the City government as it may from time to time deem desirable. Section 4.3 through Section 4.10 Reserved. Section 4.11. City Manager; Appointment, Qualifications, Term, Compensation. The Mayor and Council shall appoint a City Manager, who shall be the administrative head of the City government, and shall be responsible for the administration of all departments. Five (5) affirmative votes of the Mayor and Council shall be required for the appointment of the City Manager. The City Manager shall be appointed with regard to merit only and need not be a resident of the City when appointed. The City Manager shall hold office during the pleasure of the Mayor and Council, and shall receive such compensation as the Mayor and Council shall determine. The City Manager may reside outside the City while in office only with the approval of the Mayor and Council.

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Section 4.12. City Manager; Duties and Responsibilities. The City Manager shall: (1) See that the laws of the State and the ordinances, resolutions, rules and regulations of the City are faithfully executed and enforced; (2) Prepare the agenda and attend meetings of the Mayor and Council and recommend for adoption any measure deemed expedient; (3) Make reports to the Mayor and Council from time to time upon the affairs of the City and keep the Mayor and Council fully advised of the City's financial condition and its future financial needs; (4) Appoint and suspend or remove all City employees, except those persons appointed by the Mayor and Council under the provisions of this Charter in accordance with such general personnel rules, regulations, policies or ordinances as the Mayor and Council may adopt; (5) Prepare and submit the annual budget and capital program to the Mayor and Council; (6) Direct and supervise the administration of all departments, properties, and operations of the City, except as otherwise provided by this Charter or general State law; (7) Investigate the affairs, records, accounts and expenditures of the various commissions and boards created by the City of Dublin, and report thereon at least once a year to the Mayor and Council; (8) Have the right to request the counsel, advice or opinion of the City Attorney concerning any matter affecting the interest of the City; and it shall be the duty of the City Attorney to respond to such request to the best of his ability; (9) Act in a liaison capacity on behalf of the Mayor and Council with boards, offices, agencies and commissions of the City;

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(10) Exercise any other powers and perform any other duties required or authorized by the Mayor and Council and not inconsistent with this Charter. Section 4.13. Mayor and Council Not to Interfere with Administration. Except for the purpose of inquiry and investigation, the Mayor and Council shall deal with city employees who are subject to appointment and removal by the City Manager solely through the City Manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. Section 4.14. City Manager; Suspension and Removal. The Mayor and Council may remove the City Manager from office in accordance with the following procedure: (a) Five (5) affirmative votes of the Mayor and Council shall be required to adopt a preliminary resolution setting forth reasons for the removal of the City Manager. (b) The resolution may also provide for the suspension of the City Manager for a period not to exceed forty-five (45) days. (c) A certified copy of the resolution shall promptly be served on the City Manager. (d) A public hearing shall be held if a written request therefor is filed by the City Manager with the City Clerk not later than five (5) days after service upon him of a certified copy of the preliminary resolution. (e) The public hearing, if requested, shall be held at a regularly scheduled council meeting not less than fifteen (15) nor later than thirty (30) days after the request is filed. The City Manager may file with the City Clerk a response to the preliminary removal resolution not later than three (3) days prior to the public hearing. (f) Five (5) affirmative votes of the Mayor and Council shall be required to adopt a final resolution of removal which may be made effective immediately. Such a final resolution of removal may be made at any time after five (5) days from the date when a certified copy of the preliminary resolution was served on the City Manager if no public hearing has been requested in writing, or at any time

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after the public hearing if a request therefor has been properly and timely filed. (g) The City Manager shall be entitled to receive his salary up until the effective date of a final resolution of removal. (h) The action of the Mayor and Council in suspending or removing a City Manager shall not be subject to review by any court or agency except for the determination of constitutional questions. Section 4.15. Acting City Manager. (a) In the event of the absence or disability of the City Manager or a vacancy in the office, the Mayor and Council shall appoint an Acting City Manager to serve until the return of the City Manager or the removal of disability or until the vacancy in office shall have been regularly filled. (b) An Acting City Manager shall take the same oath, exercise all of the powers, and discharge all of the duties of the City Manager. ARTICLE V CITY COURT Section 5.1. Creation; Name. There shall be a court to be known as the City Court of the City of Dublin, Georgia. Section 5.2. Jurisdiction; Powers. (a) The City Court shall try and punish violations of all City ordinances. (b) The City Court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or ten (10) days in jail, or both. (c) The City Court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for sixty (60) days, or both, or to sentence any offender upon conviction to labor in a City work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding thirty (30) days. (d) The City Court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law.

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(e) The City 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 security for the appearance of persons charged with violations. Whenever any person shall give bail for appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the City Judge, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least three (3) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be, on order of the judge, declared forfeited to the City, 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. (f) The City Court shall have the authority to bind persons over to the appropriate court when it appears by probable cause that a State law has been violated. (g) The City 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. (h) The City Court may compel the presence of all parties necessary to a proper disposition of each case by the issuance of summons, subpoenas and warrants which may be served by any officer as authorized this Charter or by general State law. (i) The City 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 5.3. 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 City Court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. An appeal to the superior court shall be a de novo proceeding.

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Section 5.4. Absence or Disability of City Judge; Vacancy in Office. In the event of the absence or disability of the City Judge for any cause or during a vacancy in the office, the Mayor shall exercise all of the powers and discharge all of the duties of the City Judge until the return of the City Judge or the removal of disability or until the vacancy in office has been regularly filled. ARTICLE VI FINANCE AND FISCAL Section 6.1. Property Tax. The Mayor and 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 Mayor and Council in its discretion. Section 6.2. Millage Rate, Due Dates, Payment Methods. The Mayor and 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 Mayor and 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 Mayor and 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. Licenses; Permits; Fees. The Mayor and Council by ordinance shall have the power to require any individuals or corporations who transact business in this City or who practice or offer

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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 Mayor and City Council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.5. Franchises. The Mayor and 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 Mayor and 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 (35) years, and no franchise shall be granted unless the City receives just and adequate compensation therefor. The Mayor and City Council shall provide for the registration of all franchises with the City Clerk in a registration book. The Mayor and City Council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 6.6. Service Charges. (a) The Mayor and 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 and to provide for the cost and expense of providing for the collection and disposal of sewage through the sewerage facilities of the City. If unpaid, the sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priorty only to liens for County and City property taxes and shall be enforceable as provided in Section 6.9. (b) The Mayor and City Council shall have authority by ordinance to provide for, to enforce, to levy and to collect the cost of sanitary and health services, including the power to fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary charge, tax or fee, for such services as may be necessary

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in the operation of the City from all individuals, firms and corporations residing in or doing business in the City benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, and based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. The sanitary taxes and the assessments thereto shall be a charge and lien against the real estate in respect to which the taxes are so assessed, and the owner or owners thereof, superior to all other liens except liens for County and City property taxes, and shall be enforceable as provided in Section 6.9. Section 6.7. Special Assessments. The Mayor and Council shall have the power, by ordinance, 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 Mayor and Council 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 6.9. Collection of Delinquent Taxes and Fees. The Mayor and 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 or tax executions. Section 6.10. General Obligations Bonds. The Mayor and Council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this Charter or the general laws of the State. Such

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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 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. Laws 1937, p. 71), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. Section 6.12. Short-term Notes. Pursuant to applicable State law, the City may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. Fiscal Year. The fiscal year of the City shall be as fixed by ordinance of the Mayor and Council. The fiscal year shall constitute the budget year and the year for financial accounting, planning and reporting of each department, office, agency, or activity of the City. Section 6.14. Budget Preparation and Adoption. The Mayor and Council shall provide by ordinance for the adoption of an annual operating budget, a capital improvement program and a capital budget which shall apply to all departments and agencies of the City. The ordinance shall prescribe the procedures and requirements for the preparation, adoption, and execution of the annual operating and capital budgets; provided, however, such budgets shall be prepared and submitted by the City Manager to the Mayor and Council for its consideration prior to the commencement of the ensuing fiscal year. Section 6.15 through Section 6.20 Reserved. Section 6.21. External Audit. (a) The Mayor and Council shall provide annually for an independent audit of the accounts and other evidences of financial transactions of the government of the City and of its every office, department, board, authority, commission, or other agency. The audit shall be made by an accountant or an accounting firm, the members of which have no personal interest, direct or indirect, in the fiscal affairs of the City or of any of its departments, offices, boards, commissions or agencies. The designated accountant shall be a certified public accountant, or, if an accounting

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firm is employed, the members thereof shall be so certified and throughly qualified by training and experience in governmental accounting to perform the audit. (b) The audit may be conducted on a quarterly or continuing basis and the final report of the annual audit shall be completed as soon as practicable after the close of the fiscal year, and in no event later than six (6) months after the close of the fiscal year. The audit report shall be available to the public. (c) The Mayor and Council may at any time order an examination or special audit of any office, department, board, commission, or other agency of the City. ARTICLE VII BOARDS AND COMMISSIONS Section 7.1. Authority to Create. Except as prescribed by general law or special Act of the General Assembly, the Mayor and Council shall have authority to create commissions, councils or boards which shall perform duties prescribed by the Mayor and Council, including, but not limited to, making studies, conducting research and investigations, holding hearings, and preparing recommendations as to needed ordinances and resolutions and for such other purposes authorized by the Mayor and Council. Section 7.2. Composition; Appointment, Bylaws. (a) Except as otherwise provided by law, the Mayor and Council shall have the authority to provide for the manner of appointment, makeup and composition of such commissions, councils, or boards, and their periods of existence, and for the compensation of their members and employees, in whole or in part. The Mayor and Council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The Mayor and Council shall have the authority to annually appropriate and donate money derived from taxation, contributions, or otherwise for and to such commissions, councils, and boards to provide for their operation, either in whole or in part. (b) Any vacancy in office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment.

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(c) Any member of a board or commission may be removed from office for cause by a majority vote of the Mayor and Council. (d) Each board and commission may establish such bylaws, rules and regulations, not inconsistent with this Charter, ordinances of the Mayor and Council, or applicable State law, as it deems appropriate and necessary for the conduct of its affairs. ARTICLE VIII GENERAL PROVISIONS Section 8.1. Sale of City Property. (a) The Mayor and 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 (Ga. Laws 1976, p. 350). (b) 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. (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 Mayor and Council may authorize the Mayor and City Clerk to execute and deliver in the name of the City a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 8.2. 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, water works, 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 Georgia law applicable now or provided in the future. Section 8.3. Official Bonds. The officers and employees of this City, 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 by ordinance or as may be provided by State law. Section 8.4. Participation in Elections. No appointed officer or employee of the City shall in any manner contribute to, participate in, or take part in any election, primary or any political contests, other than by exercising his right to vote; provided, the foregoing prohibitions shall apply only to those elections, primaries or political contests for offices of the City. Any person violating the provisions of this Section shall be punishable as for violation of a City ordinance. Section 8.5. Ordinances and Regulations. Existing ordinances and resolutions of the City and existing rules and regulations of the City and its agencies not inconsistent with the provisions of this Charter shall be effective ordinances and resolutions of the City or of its agencies until they have been repealed, modified, or amended. Section 8.6. Contracts and Obligations; Proceedings. (a) All contracts, orders, leases, bonds and other obligations or instruments entered into by the City or for its benefit prior to the effective date of this Charter shall continue in effect according to the terms thereof, as obligations and rights of the City. (b) No action or proceeding of any nature (whether civil or criminal), judicial or administrative, or otherwise, pending at the effective date of this Charter by or against the City or its departments and agencies shall be abated or otherwise affected by the adoption of this Charter.

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(c) The existing departmental organization of the City shall continue in effect upon the effective date of this Charter until such organization is changed or reorganized as provided by ordinance of the Mayor and Council and administrative regulations consistent therewith. Section 8.7. 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 sixty (60) days, or both such fine and imprisonment. Section 8.8. Section Captions. The captions of the several Sections of this Charter are informative only and are not to be construed as a part thereof. Section 8.9. Severability. If any provisions of this Charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Charter which can be given effect without the invalid provision or application, and to this end the provisions of this Charter are declared to be severable. Section 2. An Act incorporating the City of Dublin approved March 31, 1937 (Ga. Laws 1937, p. 1771), as amended, is hereby repealed in its entirety unless otherwise provided in this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1978 regular session of the General Assembly of Georgia, a bill to provide a new charter for the City of Dublin, Georgia, to provide for all matters relative thereto, and for other purposes. /s/ J. Roy Rowland Representative, 119th District

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Georgia, Laurens, County. Personally appeared before me, the undersigned attesting officer authorized to administer oaths in the county and state cited above, W. H. Champion, who after being duly sworn makes the following statements: That he is the Publisher of the Dublin, Georgia, Courier-Herald, a newspaper of general circulation in the county and state cited above and the newspaper in which the advertising of the Sheriff of Laurens County is published, and, That the attached is a true and accurate copy of an advertisement of Intention to Introduce Local Legislation, the advertising having been published on December 24, 1977, January 7th and January 14th, 1978. This the 14th day of January, 1978. /s/ W. H. Champion, Publisher Dublin, Georgia, Courier-Herald Sworn to and subscribed before me, this the 14th day of January, 1978. /s/ Debra D. Graham Notary Public, Laurens County, Georgia. My Commission Expires October 13, 1981. (Seal). Approved March 13, 1978.

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BAKER COUNTYSHERIFF'S SALARY, ETC. No. 969 (House Bill No. 1592). AN ACT To amend an Act to abolish the present mode of compensating the Sheriff of Baker County, known as the fee system, approved March 31, 1967 (Ga. Laws 1967, p. 2316), so as to change the annual salary of the sheriff; to provide for payment of the expenses of 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 to abolish the present mode of compensating the Sheriff of Baker County, known as the fee system, approved March 31, 1967 (Ga. Laws 1967, p. 2316), 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 sheriff shall receive an annual salary of $12,100, payable in equal monthly installments, which installments shall be due and payable on or before the second Tuesday in each month from the funds of Baker County. (b) The compensation provided in this Act for the sheriff shall be his total compensation for service as sheriff. (c) The compensation of the sheriff's deputies and other employees, if any, shall be paid out of the funds of Baker County, subject to the approval of the governing authority of Baker 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the Georgia General Assembly a bill to change the compensation of the Sheriff of Baker County; and for other purposes. This 13th day of December, 1977. /s/ Charles Hatcher Representative, 131st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles Hatcher, who, on oath, deposes and says that he is Representative from the 131st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Albany Herald which is the official organ of Baker County, on the following dates: December 21, 1977, December 28, 1977 and January 4, 1978. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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TATTNALL COUNTYCORONER'S SALARY. No. 970 (House Bill No. 1596). AN ACT To amend an Act abolishing the mode of compensating the Coroner of Tattnall County, known as the fee system, and providing in lieu thereof a monthly salary, approved February 24, 1967 (Ga. Laws 1967, p. 2043), so as to change the provisions relating to the compensation of the coroner; 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 Coroner of Tattnall County, known as the fee system, and providing in lieu thereof a monthly salary, approved February 24, 1967 (Ga. Laws 1967, p. 2043), 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 not less than $125.00 per month or more than $200.00 per month, the exact amount to be determined by the governing authority of the county. The said salary shall be paid from county funds. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Local Legislation. To comply with a Resolution unanimously adopted by the Tattnall County Commissioners, we will introduce a Bill in the 1978 Session of the General Assembly to set the salary of the Coroner of Tattnall County at not less than $125.00 per month or more than $200.00 per month. /s/ Dewey D. Rush Representative /s/ A. D. Clifton Representative /s/ Joseph E. Kennedy State Senator

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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 5, 1978, January 12, 1978 and January 19, 1978. /s/ Dewey D. Rush Representative, 121st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. BIBB COUNTYAD VALOREM TAX ADMINISTRATION. No. 971 (House Bill No. 1616). AN ACT To provide for ad valorem property tax administration in Bibb County; to provide for applicability to Bibb County of an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax

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assessors, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the authority granted the General Assembly pursuant to Article XI, Section I, Paragraph VI of the Constitution of 1945, as amended by Ga. Laws 1964, p. 1067, to change, supersede, or revoke the provisions of said paragraph as amended by Ga. Laws 1964, p. 1067, the General Assembly hereby expressly declares that the said paragraph, as amended by Ga. Laws 1964, p. 1067, is hereby changed, superseded, and revoked to the extent necessary to apply to Bibb County and to the joint Bibb County - City of Macon Tax Commissioner the provisions of an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as the said Act may now or hereafter be amended. With respect to the application of the said Act to Bibb County, the terms, county board of tax assessors, local board of tax assessors, and board of tax assessors shall be construed to mean the office or officer in Bibb County exercising the duties or functions of a county board of tax assessors as provided by law. 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 there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to provide for ad valorem property tax administration in Bibb County; to provide for applicability to Bibb County of an Act comprehensively and

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exhaustively to revise, supersede, and modernize procedure for a review of assessments made by county boards of tax assessors, approved April 6, 1972 (Ga. Laws 1972, p. 1094), as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. This 4th day of January, 1978. /s/ 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 Macon News which is the official organ of Bibb County, on the following dates: January 6, 1978, January 13, 1978 and January 20, 1978. /s/ Kenneth W. Birdsong Representative, 103rd District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978.

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THOMAS COUNTYPROBATE JUDGE PLACED ON SALARY BASIS, REFERENDUM. No. 972 (House Bill No. 1617). AN ACT To abolish the present method of compensating the Judge of the Probate Court of Thomas County, known as the fee system; to provide in lieu thereof an annual salary for the judge of the probate court; to provide that all fees, costs or other emoluments of the judge of the probate court shall become the property of the county; to provide for periodic statements; to provide for certain employees; to provide for certain procedures connected with the office of the judge of the probate court; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the Judge of the Probate Court of Thomas County, known as the fee system, is hereby abolished, effective at the end of the current term of said judge, which expires on December 31, 1980. In lieu thereof, the judge of the probate court shall receive an annual salary as hereinafter provided. Section 2. The Judge of the Probate Court of Thomas County shall receive an annual salary of $12,000.00. Such salary shall be paid in equal monthly installments from the funds of Thomas County at the end of each calendar month. Section 3. Such compensation shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said judge, including his service as an ex officio officer by virtue of his office, except said salary. All such fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said judge, including his service as an ex officio officer by virtue of his office, shall be received and collected by said judge for the sole use

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of Thomas County and shall be the property of Thomas County, and said county is hereby subrogated to all rights, claims and liens of said judge therefor. Such funds shall be held as public funds belonging to Thomas County and shall be accounted for and paid to the fiscal authority of Thomas County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Thomas County shall not pay the monthly compensation to said judge herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said fiscal authority. Section 4. Said judge is hereby authorized to employ to serve at his pleasure, and to perform such duties as may be assigned to him, such deputies and clerical assistants as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the governing authority of Thomas County before being paid out of county funds. Section 5. (a) For this purpose the fiscal year of the office of said judge shall be construed to commence on January 1 and end on December 31 on each year. To enable the governing authority of Thomas County to fix its budget, the said judge shall tender to the governing authority of Thomas County, no later than the second Tuesday in November of each year, a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year, which said proposed budget shall show the estimated amounts of all expenditures for operating and equipping the judge's office other than construction, repair or capital improvements of county buildings during the said fiscal year. The expenditures shall be itemized as follows: (1) salary of judge; (2) salaries of clerks and assistants; (3) expenses, other than salaries; (4) equipment. (b) The governing authority of Thomas County may require said judge to correct mathematical, mechanical, factual and clerical

Page 3743

errors and errors in the proposed budget. Not later than the second Tuesday in December of each year, the governing authority may amend, modify, increase or reduce any or all items of expenditures in the proposed budget and, as amended, modified, increased or reduced, shall approve said budget, giving written notice of their action to said judge and specifying in such notice the specific items so amended, modified, increased or reduced. The written notice of such action as taken by the governing authority of said Thomas County shall be final. Section 6. (a) Said judge shall submit, prior to the second Tuesday of each month, all bills for salaries and expenses to the governing authority of said county, and all such bills and items of expenses shall be paid directly by said county governing authority out of county funds, provided same have been approved in said proposed budget or shall be approved at that time by said governing authority. (b) Said judge of the probate court is hereby authorized to establish a petty cash fund for payment of incidental expenses in the amount and under such direction as may be determined by said county governing authority. Section 7. The Board of Commissioners of Thomas County shall cause a certified public accountant to make an annual audit of the records of said judge not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Thomas County by said judge. The expenses of preparing such audit for said office shall be paid by Thomas County. Section 8. 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 Thomas County to issue the call for an election for the purpose of submitting this Act to the electors of Thomas County for approval or rejection. The superintendent shall set the date of such election for Tuesday, November 7, 1978. At least 29 days shall intervene between the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Thomas County. The ballot shall have written or printed thereon the words:

Page 3744

[] YES [] NO Shall the Act abolishing the fee system of compensating the Judge of the Probate Court of Thomas County and substituting in lieu thereof an annual salary for said officer 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 Thomas County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. All 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 1978 session of the General Assembly of Georgia a bill entitled: Judge of the Probate CourtThomas County. An act to abolish the present method of compensating the Judge of the Probate Court of Thomas County, known as the fee system; to provide in lieu thereof an annual salary for the Judge of the Probate Court; to provide that the governing authority of Thomas County shall determine the exact salary to be paid the Judge of the Probate Court within a certain salary range; to provide that all fees, costs, or other emoluments of the Judge of the Probate Court shall become the

Page 3745

property of the County; to provide for periodic statements; to provide for certain employees; to provide for certain procedures connected with the office of the Judge of Probate Court; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. This the 5th day of December, 1977. /s/ 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, 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 16, 1977, December 23, 1977 and December 30, 1977. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 7, 1980. Approved March 13, 1978.

Page 3746

THOMAS COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 973 (House Bill No. 1618). AN ACT To consolidate the office of Tax Receiver of Thomas County and the office of Tax Collector of Thomas County into the single office of Tax Commissioner of Thomas County with the same duties and liabilities as the two offices so consolidated; to provide that the term of office of Tax Commissioner of Thomas County shall begin on January 1, 1981; to provide for a salary for the tax commissioner; to provide for assistance personnel for the tax commissioner; to provide that all fees and other income of the offices of tax receiver and tax collector shall be collected by the tax commissioner and paid to Thomas County; to provide for certain procedure connected with the office of tax commissioner; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Thomas County are hereby consolidated into one office at the end of the current terms of said offices which expire on December 31, 1980. In place of said two offices there is hereby created the single office of tax commissioner which office shall have the same duties and liabilities as the two offices so consolidated. Section 2. The first election for the Tax Commissioner of Thomas County shall be conducted at the same time as the election of other county officers of Thomas County in 1980. The person so elected shall assume office on the first day of January following his election and shall serve until December 31, 1984, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be conducted at the same time as elections for other county officers, and all future tax commissioners shall assume office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of the present Tax Collector and Tax Receiver of Thomas County, and their terms of office shall continue through December 31, 1980.

Page 3747

Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the office of tax collector. Section 3. All laws applicable to the offices of tax receiver and tax collector shall be applicable to the office of tax commissioner. Before entering upon the duties of his office, the tax commissioner shall take the oath now prescribed by law for the tax receiver and tax collector and shall give bond as prescribed by statute. The bond premium shall be paid by Thomas County. Section 4. The Board of Commissioners of Thomas County shall provide for and furnish the tax commissioner an office to be located in the courthouse of said county. Section 5. All taxes due and payable and all tax fi. fas. issued by the Tax Collector of Thomas County outstanding at the time said tax commissioner takes office shall have full force and effect and shall be collectible as issued. Section 6. The Tax Commissioner of Thomas County shall be required to make the same rounds for receiving taxes as are now required by law of the tax receiver and the same rounds for collecting taxes as are now required by law of the tax collector. Section 7. The Tax Commissioner of Thomas County shall keep his office open for the transaction of business during the hours observed by other regular county officers and he shall, not later than November first of each year, forward to each taxpayer of the county a written statement showing the amount of taxes due by said taxpayer and the due date thereof. Section 8. The Tax Commissioner of Thomas County is hereby placed on a salary basis in lieu of a fee basis, as hereinafter provided. Section 9. The Tax Commissioner of Thomas County shall receive an annual salary of $30,000.00, to be paid in equal monthly installments from the funds of Thomas County at the end of each calendar month.

Page 3748

Section 10. Said salary shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said tax commissioner, including his service as an ex officio officer by virtue of his office, except said salary. All such fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said tax commissioner, including his service as an ex officio officer by virtue of his office, shall be received and collected by said tax commissioner for the sole use of Thomas County and shall be the property of Thomas County, and said county is hereby subrogated to all rights, claims and liens of said tax commissioner respectively therefor. Such funds shall be held as public funds belonging to Thomas County and shall be accounted for and paid to the fiscal authority of Thomas County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Thomas County shall not pay the monthly compensation to said tax commissioner herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said fiscal authority. Section 11. Said tax commissioner is hereby authorized to employ to serve at his pleasure and to perform such duties as may be assigned by him, such deputies and clerical assistants as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the governing authority of Thomas County before being paid out of county funds. Section 12. (a) For this purpose the fiscal year of the office of said tax commissioner shall be construed to commence on January 1 and end on December 31 on each year. To enable the governing authority of Thomas County to fix its budget, the said tax commissioner shall tender to the governing authority of Thomas County, no later than the second Tuesday in November of each year, a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year, which said proposed budget shall show the estimated amounts of all proposed expenditures for operating and equipping the tax commissioner's

Page 3749

office other than construction, repair or capital improvement of county buildings during the said fiscal year. The expenditures shall be itemized as follows: (1) salary of tax commissioner; (2) salaries of assistants; (3) expenses, other than salaries; (4) equipment. (b) The governing authority of Thomas County may require said tax commissioner to correct mathematical, mechanical, factual and clerical errors and errors as to form in the proposed budget. Not later than the second Tuesday in December of each year, the governing authority may amend, modify, increase or reduce any or all items of expenditures in the proposed budget and, as amended, modified, increased or reduced, shall approve said budget, giving written notice of their action to said tax commissioner and specifying in such notice the specific items so amended, modified, increased or reduced. The written notice of such action as taken by the governing authority of said Thomas County shall be final. Section 13. (a) Said tax commissioner shall submit, prior to the second Tuesday of each month, all bills for salaries and expenses to the governing authority of said county, and all such bills and items of expenses shall be paid directly by said county governing authority out of county funds, provided same have been approved in said proposed budget or shall be approved at that time by said governing authority. (b) Said Tax Commissioner of Thomas County is hereby authorized to set up a petty cash fund for payment of incidental expenses in the amount and under such direction as may be determined by said county governing authority. Section 14. The Board of Commissioners of Thomas County shall cause a certified public accountant to make an annual audit of the records of said tax commissioner not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Thomas County by said tax commissioner.

Page 3750

The expenses of preparing such audit for said office shall be paid by Thomas County. Section 15. 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 Thomas County to issue the call for an election for the purpose of submitting this Act to the electors of Thomas County for approval or rejection. The superintendent shall set the date of such election for Tuesday, November 7, 1978. At least 29 days shall intervene between the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Thomas County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act consolidating the offices of Tax Collector and Tax Receiver of Thomas County into the single office of Tax Commissioner of Thomas County and placing the tax commissioner upon an annual salary in lieu of the fee system of compensation 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 Thomas 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 16. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given there will be introduced in the regular 1978 session of the General Assembly of Georgia a bill entitled:

Page 3751

THOMAS COUNTY TAX COMMISSIONER An Act to consolidate the office of Tax Receiver of Thomas County and the Officer of Tax Collector of Thomas County into the single office of Tax Commissioner of Thomas County with the same duties and liabilities as the two offices so consolidated; to provide that the term of office of Tax Commissioner of Thomas County shall begin on January 1, 1981; to provide for a salary for the Tax Commissioner; to provide that all fees and other income of the offices of Tax receiver and Tax Collector shall be collected by the Tax Commissioner and paid to Thomas County; to provide for certain procedure connected with the office of Tax Commissioner; to repeal conflicting laws; to set an effective date; to provide for a referendum; and for other purposes. This the 5th day of December, 1977. /s/ 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, 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 16, 1977, December 23, 1977 and December 30, 1977. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 7, 1980. Approved March 13, 1978.

Page 3752

THOMAS COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS, REFERENDUM. No. 974 (House Bill No. 1619). AN ACT To abolish the present method of compensating the Clerk of the Superior Court of Thomas County, known as the fee system; to provide in lieu thereof an annual salary for the clerk of the superior court; to provide that all fees, costs or other emoluments of the clerk of the superior court shall become the property of the county; to provide for periodic statements; to provide for certain employees; to provide for certain procedures connected with the office of the clerk of superior court; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present method of compensating the Clerk of the Superior Court of Thomas County, known as the fee system, is hereby abolished, effective at the end of the current term of said clerk, which expires on December 31, 1980. In lieu thereof, the clerk of the superior court shall receive an annual salary as hereinafter provided. Section 2. The Clerk of the Superior Court of Thomas County shall receive a salary of $30,000.00 per annum, payable in equal monthly installments from the funds of Thomas County at the end of each calendar month. Section 3. Said salary shall be in lieu of all fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed

Page 3753

by law to be received or collected as compensation for services by said clerk, including his service as an ex officio officer by virtue of his office, except said salary. All such fees, costs, commissions, forfeitures, penalties, allowances, moneys and other emoluments of whatever kind which are now or may hereafter be allowed by law to be received or collected as compensation for service by said clerk, including his service as an ex officio officer by virtue of his office, shall be received and collected by said clerk for the sole use of Thomas County and shall be the property of Thomas County, and said county is hereby subrogated to all rights, claims and liens of said clerk therefor. Such funds shall be held as public funds belonging to Thomas County and shall be accounted for and paid to the fiscal authority of Thomas County on or before the fifth day of each month for the immediately preceding month, accompanied by a statement, under oath, showing the collections and sources from which collected. The fiscal authority of Thomas County shall not pay the monthly compensation to said clerk herein placed on a salary basis in lieu of a fee basis by this Act until such funds are received by said fiscal authority. Section 4. Said clerk is hereby authorized to employ to serve at his pleasure, and to perform such duties as may be assigned to him, such deputies and clerical assistants as may be necessary to aid him in the performance of his duties, the number of said employees and their salaries to be first approved by the governing authority of Thomas County before being paid out of county funds. Section 5. (a) For this purpose the fiscal year of the office of said clerk shall be construed to commence on January 1 and end on December 31 of each year. To enable the governing authority of Thomas County to fix its budget, the said clerk shall, no later than the second Tuesday in November of each year, tender to the governing authority of Thomas County a proposed budget of expenditures for the carrying out of the powers, duties and operations of his office for the ensuing fiscal year, which said proposed budget shall show the estimated amounts of all expenditures for operating and equipping the clerk's office other than construction, repair or capital improvements of county buildings during the said fiscal year. The expenditures shall be itemized as follows: (1) salary of clerk;

Page 3754

(2) salaries of deputies and assistants; (3) expenses, other than salaries; (4) equipment. (b) The governing authority of Thomas County may require said clerk to correct mathematical, mechanical, factual and clerical errors and errors as to form in the proposed budget. Not later than the second Tuesday in December of each year, the governing authority may amend, modify, increase or reduce any or all items of expenditures in the proposed budget and, as amended, modified, increased or reduced, shall approve said budget, giving written notice of their action to said clerk and specifying in such notice the specific items so amended, modified, increased or reduced. The written notice of such action as taken by the governing authority of said Thomas County shall be final. Section 6. (a) Said clerk shall submit, prior to the second Tuesday of each month, all bills for salaries and expenses to the governing authority of said county, and all such bills and items of expenses shall be paid directly by said county governing authority out of county funds, provided same have been approved in said proposed budget or shall be approved at that time by said governing authority. (b) Said clerk of the superior court is hereby authorized to set up a petty cash fund for payment of incidental expenses in the amount and under such direction as may be determined by said county governing authority. Section 7. The Board of Commissioners of Thomas County shall cause a certified public accountant to make an annual audit of the records of said clerk not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Thomas County by said clerk. The expenses of preparing such audit for said office shall be paid by Thomas County. Section 8. 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 Thomas County to issue the call for an election for the purpose of submitting this Act to the electors of

Page 3755

Thomas County for approval or rejection. The superintendent shall set the date of such election for Tuesday, November 7, 1978. At least 29 days shall intervene between the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Thomas County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act abolishing the fee system of compensating the Clerk of the Superior Court of Thomas County and substituting in lieu thereof an annual salary for said officer 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 Thomas County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. All 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 1978 session of the General Assembly of Georgia a bill entitled: CLERK OF SUPERIOR COURTTHOMAS COUNTY An Act to abolish the present method of compensating the Clerk of the Superior Court of Thomas County, known as the fee system; to provide in lieu thereof an annual salary for the Clerk of the Superior Court; to provide that the governing authority of Thomas County

Page 3756

shall determine the exact salary to be paid the Clerk of the Superior Court within a certain salary range; to provide all fees, cost, or other emoluments of the Clerk of the Superior Court shall become the property of the County; to provide for periodic statements; to provide for certain employees; to provide for certain procedures connected with the office of the Clerk of Superior Court; to provide an effective date; to provide for a referendum; to repeal conflicting laws; and for other purposes. This the 5th day of December, 1977. /s/ 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, 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 16, 1977, December 23, 1977, December 30, 1977. /s/ James W. Keyton Representative, 143rd District Sworn to and subscribed before me, this 2nd day of February, 1978. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 7, 1980. Approved March 13, 1978.

Page 3757

FULTON COUNTYJUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND AMENDEDSURVIVING SPOUSE. No. 1003 (House Bill No. 1280). AN ACT To amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended, particularly by an Act approved February 8, 1955 (Ga. Laws 1955, p. 2083), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3181), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3047), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3186), so as to provide benefits for survivors of members of the fund; 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. Laws 1946, p. 299), as amended, particularly by an Act approved February 8, 1955 (Ga. Laws 1955, p. 2083), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3181), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3047), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3186), is hereby amended by adding, following Section 10, a new Section 10A, to read as follows: Section 10A. For the purposes of this Act the term `widow' shall include the surviving spouse of a female member of the fund. 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, 1978, to amend an Act approved January 31, 1946 (Ga. L. 1946, p. 299), creating the Judges' and Solicitor Generals' Retirement

Page 3758

Fund of Fulton County, as amended, so as to provide for membership in the fund; to provide for creditable service; to provide for beneficiaries; to provide for benefits; to provide for longevity; and to provide for any other matters germane to said Act, as amended. This 16th day of December, 1977. /s/ E. A. Wright Chairman, Board of Trustees Judges' and Solicitor Generals' Retirement Fund of Fulton County. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that she 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 20, 27 days of December, 1977, and on the 3rd day of January, 1978 as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 5th day of January, 1978. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. (Seal). Approved March 14, 1978.

Page 3759

FULTON COUNTY TEACHERS' RETIREMENT PLAN OF 1978. No. 1010 (Senate Bill No. 112). AN ACT To amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County; and for other purposes, approved March 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2948), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3056), so as to provide for a Fulton County Teachers' Retirement Plan of 1978; to provide for increased benefits for participants in said plan; to provide for increased contributions by both participants in said plan and by the governing authorities of Fulton County; to provide an effective date; to provide for later participation in said plan; 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 teachers and employees of the Board of Education of Fulton County; and for other purposes, approved March 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2948), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3056), is further amended by providing for a Fulton County Teachers' Retirement Plan of 1978, which shall read as follows: (1) This plan shall be known as The Fulton County Teachers' Retirement Plan of 1978, and shall apply to all employers of Fulton County who are heretofore or who may hereafter be eligible to participate in the system of retirement pay established by the Act approved March 2, 1945 (Ga. Laws 1945, p. 528). Provided, however, that this plan shall not apply to any person employed by Fulton County prior to July 1, 1978, who does not agree in writing to accept the benefits and obligations of this plan as hereinafter provided.

Page 3760

(2) Any person who shall retire under the provisions of this plan shall receive a monthly pension equal to two (2%) percent of his monthly earnings multiplied by his years of creditable service. Provided, however, that the total pension benefits payable under this plan shall not exceed seventy-five (75%) percent of the average monthly earnings. For purposes of this plan, `average monthly earnings' shall be the average of the highest three (3) years' salary during the term of employment. (3) There shall be deducted from the total salary of every employee electing to come under this plan, the sum of five and six-tenths (5.6%) percent in the event he does not provide for the payment of the pension to his beneficiary as authorized by this Act as amended, or the sum of six and six-tenths (6.6%) percent in the event that he does provide for the continuance of the pension to his beneficiary. Like deduction shall be made from the salaries of future employees required to come under this plan. (4) In addition to current contributions required by Section 3 of this plan, any officer or employee participating under this plan, shall pay into the pension fund that sum which they would have paid had this plan been in effect July 1, 1967, or the date when they were first employed, whichever date shall be later, together with such amount as such person would have paid had such person been participating in this Act as amended through January 1, 1978. In addition, any such officer or employee who shall claim credit for employment with any other than Fulton County (including military service) for any period of time subsequent to June 30, 1967, shall in addition to the contributions required by this Act as it existed prior to this plan, pay the additional sum of one-half (1/2%) percent of compensation if matching contributions are required by the governing authority of Fulton County or the additional sum of one (1%) percent of compensation if no matching contribution is required. Such sums shall be payable in such number of equal monthly installments not exceeding sixty (60) as may be selected by such officer or employee, provided, however, any deferred installments shall bear interest at the rate of six (6%) percent per annum add-in. (5) In addition to the fund derived from deductions from salary and wages as required by Sections 3 and 4 of this plan, it shall be the duty of the governing authorities of Fulton County to appropriate and pay into the pension fund, an amount which shall equal the

Page 3761

total amount of such deductions. Should said pension fund at any time be insufficient to meet and pay the pensions due to the participants in this plan, the governing authority of Fulton County shall appropriate from current funds an amount sufficient to make up the deficiency. (6) This plan shall become effective when this Act is approved by the Governor or otherwise becomes a law. Provided, however, that the increased contributions required by this plan and the increased benefits payable under this shall not become effective until July 1, 1978. After such date, the pension benefits provided by the plan shall be in lieu of like pension benefits. This plan shall apply to all officers and employees of Fulton County elected or appointed on or after July 1, 1978. It shall apply to officers and employees employed by Fulton County prior to July 1, 1978, only if such officer or employee shall file a written election to participate herein with the Pension Board. (7) In the event that any officer or employee employed by Fulton County prior to July 1, 1978, who does not elect to participate in this plan by July 1, 1978, shall later elect to participate herein, such officer or employee shall be required to pay in addition to all contributions made by him to the Fulton County Employees' Pension Fund, the amounts which he would have paid had such election been effective July 1, 1978, together with interest on such amount compounded annually at the rate of six (6%) percent per annum from the year such amounts would have been first due. Such sum may be paid in installments as provided in Section 4 of this plan. (8) Any person coming under the provisions of this plan, either voluntarily or by compulsion, shall be entitled to all other benefits as set forth in the relevant sections of this Act as amended prior to this alternate plan. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3762

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. Laws 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary 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 14, 1978.

Page 3763

FULTON COUNTYTEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 1011 (Senate Bill No. 114). 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. Laws 1945, p. 528), as heretofore amended, particularly as amended by an Act approved March 3, 1962 (Ga. Laws 1962, p. 2948), so as to provide that teachers and employees with thirty (30) years of service may retire upon attaining fifty-five (55) years of age; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: That the Act entitled An Act to provide in Fulton County, a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. Laws 1945, p. 528), as heretofore amended, to be further amended as follows: Section 1. Section 1(b) of the Act approved March 3, 1962 (Ga. Laws 1962, p. 2948), amending said Act, is hereby amended by inserting in Section 1(b) of said 1962 Act, after the words must attain the age of sixty (60) years and shall have served twenty-five (25) years, the words: or must attain the age of fifty-five (55) years and have served thirty (30) years, so that Section 1(b) of said 1962 Act, as amended, shall read: (b) Any teacher or employee who shall elect to come under the terms of this amendment, must attain the age of sixty (60) years and shall have served twenty-five (25) years, or must attain the age of fifty-five (55) years and served thirty (30) years, before being eligible to retire and receive the benefits, as provided by this amendment; provided, however, that any teacher or employee who has served

Page 3764

twenty-five (25) years and who has attained the age of fifty-five (55) years, may elect to retire on a reduced pension, said reduction to be one-twelfth (1/12) of two percent (2%) per month for each month the teacher or employee lacks in being sixty (60) years of age; provided, further, that the provisions of this Section as to age limit shall not apply to any person claiming a pension by reason of total and permanent disability. Section 2. All laws and parts of laws in conflict herewith be and the same are hereby repealed. Section 3. Should any Section or provision of this Act be held unconstitutional or invalid, such Section or provision shall not affect the validity of this Act as a whole or any part thereof other than the part so held to be unconstitutional. Section 4. A copy of the notice of intention to apply for this local legislation is attached hereto and made a part of this bill, and it is hereby declared by the authority aforesaid that all of the requirements of law relating to the notice of intention to apply for the passage of local legislation have been complied with for the enactment of this law. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January, 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. Laws 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary

Page 3765

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 newsppaer 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 21st, 28th 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 14, 1978. FULTON COUNTYTEACHERS' RETIREMENT SYSTEM ACT AMENDEDCOST OF LIVING ADJUSTMENTS. No. 1014 (Senate Bill No. 119). 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 March 24, 1976 (Ga. L. 1976, p. 3058), so as to provide for an adjustment of retirement or pension benefits for certain teachers and employees and beneficiaries and retired persons based upon changes in the cost of living; to provide powers of the Pension Board to provide for exceptions; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3766

Be it enacted by the General Assembly of Georgia: Section 1. An Act entitled, An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended particularly by an Act approved March 24, 1976 (Ga. L. 1976, p. 3058), is further amended by adding at the end of said Act, a new Section which shall read as follows: A. Notwithstanding any other provisions of this Act and notwithstanding any other limitations upon retirement or pension benefits contained in this Act, as amended, the retirement or pension benefits payable to the following individuals, shall be adjusted annually based upon changes in the U. S. Consumer Price Index for Georgia: 1. Each teacher or employee who shall retire on or after March 24, 1976, and who shall attain the age of 62 years; 2. Each teacher or employee who shall retire on or after March 24, 1976, on account of disability; 3. The beneficiary or beneficiaries of any teacher or employee who shall become entitled to a pension on or after the effective date of this Act; 4. All individuals who shall have become entitled to receive a pension prior to March 24, 1976, and the beneficiary or beneficiaries of such individuals and also the beneficiary or beneficiaries of individuals who have retired between March 24, 1976, and the effective date of this Act. B. An annual determination shall be made by the Pension Board of the present increase or decrease in the indexes compared with the average index for the preceding year. Whenever there has been an upward or downward change of at least 1 1/2, a corresponding change will be made in retirement or pension benefits not to exceed 3% yearly, payable to the individual specified in subsection A above. In the event of a decrease, the amount of retirement or pension benefits shall not be reduced below the amount of pension or retirement benefits fixed as of the effective date of this amendment,

Page 3767

or below the pension or retirement benefit which would otherwise be payable under this Act, as amended, except for this Section. C. All increased benefits payable by reason of this amendment shall be payable from funds of the Fulton County School Pension Board. Section 2. This Act shall become effective immediately when it shall be signed by the Governor or otherwise becomes law. Provided, however, that the provisions of subsection A 4 of Section 1 hereof, shall not be effective and no increased pension benefits shall be given to the individuals specified in such subsection until such time as the Constitution of Georgia shall have been amended so as to authorize increased pension benefits for such individuals, and in the event the said Constitution is so amended, the said subsection A 4 of Section 1 shall become effective January 1, 1979. Section 3. All laws or parts of laws in conflict with this Act are hereby repealed. The Act approved March 24, 1976 (Ga. L. 1976, p. 3058), is hereby specifically repealed, provided, however, that such repeal shall not effect the rights of the Fulton County School Pension Board to award cost of living adjustments to teachers or employees who would be entitled to same under said Act and who retired on or after March 24, 1976, and prior to the effective date of this Act. 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. Laws 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary

Page 3768

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 21st, 28th 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 14, 1978. FULTON COUNTYTEACHERS' RETIREMENT SYSTEM ACT AMENDEDCREDIT FOR PRIOR SERVICE. No. 1025 (Senate Bill No. 118). AN ACT To amend an Act entitled An Act to provide in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, so as to provide that no person shall be entitled to claim credit for prior service if such service is claimed for retirement or pension benefits under any other retirement or pension system; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3769

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 teachers and employees of the Board of Education of Fulton County, and for other purposes, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, is further amended by adding at the end of said Act, a new Section which shall read as follows: Notwithstanding any other provision of this Act no teacher or employee shall be entitled to claim credit for any time for retirement purposes if such teacher or employee has claimed credit for such time for pension or retirement purposes under any other pension or retirement system. Section 2. This Act shall become effective upon its approval by the Governor or otherwise becoming a law and shall apply to all individuals who shall apply for credit for any time not spent in the employ of the Fulton County Board of Education after its effective date. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the 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. Laws 1945, p. 528-535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary

Page 3770

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 21st, 28th 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 14, 1978. FULTON COUNTYEMPLOYEES' RETIREMENT PLAN OF 1978. No. 1028 (Senate Bill No. 110). AN ACT To amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions, approved March 3, 1939 (Ga. Laws 1939, p. 5711), as amended, so as to provide for a Fulton County Employees' Retirement Plan of 1978; to provide for increased benefits for participants in said plan; to provide for increased contributions by both participants in said plan and by the governing authorities of Fulton County; to provide an effective date; to provide for later participation

Page 3771

in said plan; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions approved March 3, 1939 (Ga. Laws 1939, p. 5711), as amended, is further amended by providing for a Fulton County Employees' Retirement Plan of 1978, which shall read as follows: (1) This plan shall be known as `The Fulton County Employees' Retirement Plan of 1978', and shall apply to all employees of Fulton County who are heretofore or who may hereafter be eligible to participate in the system of retirement pay established by the Act approved March 3, 1939. Provided, however, that this plan shall not apply to any person employed by Fulton County prior to July 1, 1978, who does not agree in writing to accept the benefits and obligations of this plan as hereinafter provided. (2) Any person who shall retire under the provisions of this plan shall receive a monthly pension equal to two (2%) percent of his monthly earnings multiplied by his years of creditable service. Provided, however, that the total pension benefits payable under this plan shall not exceed seventy-five (75%) percent of the average monthly earnings. For purposes of this plan, `average monthly earnings' shall be the average of the highest three (3) years' salary during the term of employment. (3) There shall be deducted from the total salary of every employee electing to come under this plan, the sum of six (6%) percent in the event he does not provide for the payment of the pension to his beneficiary as authorized by this Act as amended, or the sum of seven (7%) percent in the event that he does provide for the continuance of the pension to his beneficiary. Like deduction shall be made from the salaries of future employees required to come under this plan. (4) In addition to current contributions required by Section 3 of this plan, any officer or employee participating under this plan, shall pay into the pension fund that sum which they would have paid had this plan been in effect July 1, 1967, or the date when they

Page 3772

were first employed, whichever date shall be later, together with such amount as such person would have paid had such person been participating in this Act as amended through January 1, 1978. In addition, any such officer or employee who shall claim credit for employment with any other than Fulton County (including military service) for any period of time subsequent to June 30, 1976, shall in addition to the contributions required by this Act as it existed prior to this plan, pay the additional sum of one-half (1/2%) percent of compensation if matching contributions are required by the governing authority of Fulton County or the additional sum on one (1%) percent of compensation if no matching contribution is required. Such sums shall be payable in such number of equal monthly installments not exceeding sixty (60) as may be selected by such officer or employee, provided, however, any deferred installments shall bear interest at the rate of six (6%) percent per annum add-in. (5) In addition to the fund derived from deductions from salary and wages as required by Sections 3 and 4 of this plan, it shall be the duty of the governing authorities of Fulton County to appropriate and pay into the pension fund, and amount which shall equal the total amount of such deductions. Should said pension fund at any time be insufficient to meet and pay the pensions due to the participants in this plan, the governing authority of Fulton County shall appropriate from current funds an amount sufficient to make up the deficiency. (6) This plan shall become effective when this Act is approved by the Governor or otherwise becomes a law. Provided, however, that the increased contributions required by this plan and the increased benefits payable under this shall not become effective until July 1, 1978. After such date, the pension benefits provided by the plan shall be in lieu of like pension benefits. This plan shall apply to all officers and employees of Fulton County elected or appointed on or after July 1, 1978; provided, however, that no other Fulton County pension or retirement plan shall be affected by this Act. It shall apply to officers and employees employed by Fulton County prior to July 1, 1978, only if such officer or employee shall file a written election to participate herein with the Pension Board. (7) In the event that any officer or employee employed by Fulton County prior to July 1, 1978, who does not elect to participate in this plan by July 1, 1978, shall later elect to participate

Page 3773

herein, such officer or employee shall be required to pay in addition to all contributions made by him to the Fulton County Employees' Pension Fund, the amounts which he would have paid had such election been effective July 1, 1978, together with interest on such amount compounded annually at the rate of six (6%) percent per annum from the year such amounts would have been first due. Such sum may be paid in installments as provided in Section 4 of this plan. (8) Any person coming under the provisions of this plan, either voluntarily or by compulsion, shall be entitled to all other benefits as set forth in the relevant sections of this Act as amended prior to this alternate plan. Section 2. All 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 the Act approved March 3, 1939 (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to establish Rules and regulations governing the payment of pensions to County employees of said County... and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary 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,

Page 3774

of which the annexed is a true copy, was published in said paper on the 21st, 28th 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 10th day of January, 1977. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved March 14, 1978. BRYAN COUNTYBOARD OF EDUCATION MEMBERS, REFERENDUM. No. 1044 (House Bill No. 742). AN ACT To provide for the election of members of the Board of Education of Bryan County; to provide for Education Districts and posts; to provide for initial and regular terms of office; to provide for filling vacancies; to provide for practices and procedures; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) The Board of Education of Bryan County shall be composed of five members, who shall be qualified voters of Bryan County. The terms of office of all members presently serving as appointed members of the board shall expire on December 31, 1978, and new members of the board shall be elected as provided in this Act. (b) For the purpose of electing members of the board of education, Bryan County is hereby divided into three Education Districts

Page 3775

to be composed of that territory embraced within the following Militia Districts within Bryan County: Education District 1 - G.M.D. 19 (Pembroke). Education District 2 - G.M.D. 1380 (Ellabelle). Education District 3 - G.M.D. 20 (Richmond Hill). (c) For the purpose of electing the members of the board of education, there shall be five member posts on the board. The member elected to Post 1 shall be the chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 2 shall be the vice-chairman of the board and shall be elected from the county at large by the qualified voters of the entire county. The member elected to Post 3 shall be a resident of Education District 1 and shall be elected by the qualified voters residing within Education District 1. The member elected to Post 4 shall be a resident of Education District 2 and shall be elected by the qualified voters residing within Education District 2. The member elected to Post 5 shall be a resident of Education District 3 and shall be elected by the qualified voters residing within Education District 3. Candidates for election to the board shall designate the numbered post on the board for which they offer as a candidate. (d) The initial members of the board to be elected under the provisions of this Act shall be elected in the general election in November, 1978, and shall take office on January 1, 1979. The members elected to Post 1, Post 3 and Post 5 shall serve for an initial term of office of four years each and until their respective successors are duly elected and qualified. The members elected to Post 2 and Post 4 shall serve for an initial term of office of two years each and until their respective successors are duly elected and qualified. Following the initial terms of office provided herein, all members shall be elected in the general election immediately preceding the expiration of the term of office and shall take office on the first day of January following their election for a term of office of four years each and until their respective successors are duly elected and qualified. (e) Vacancies which occur on the board during the first year and nine months of a term of office shall be filled by the remaining members of the board electing a successor to serve until the next

Page 3776

general election. In any such event, a successor shall be elected in a special election to be held at the same time as such general election and the person so elected shall serve for the remainder of the unexpired term of office. Vacancies occurring during the last two years and three months 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 2. Not less than 1 nor more than 10 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Bryan County to issue the call for an election for the purpose of submitting this Act to the electors of the Bryan County School District for approval or rejection. The election superintendent shall set the date of such election for a day not less than 30 nor more than 40 days after the date of the issuance of the call. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Bryan County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for the election of a five member Board of Education for 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 become of full force and effect on January 1, 1979, except that the provisions of Section 1 which are necessary for the purpose of conducting the elections in 1978 shall become effective immediately upon approval of this Act in the referendum provided for in this Section, 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 election superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3777

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 Board of Education of Bryan County; to provide for the appointment of the Superintendent of Education; to provide for the procedures connected with the foregoing; to provide for a referendum; and for other purposes. This 13th day of January, 1977. /s/ Mell Traylor Senator, 3rd District /s/ A. D. Clifton Representative 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 Pembroke Journal which is the official organ of Bryan County, on the following dates: January 20, 27 and February 3, 1977. /s/ A. D. Clifton Representative, 107th 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 16, 1978.

Page 3778

BOARDS OF ELECTIONS IN CERTAIN COUNTIES (170,000-195,000), VACANCIES. No. 1045 (House Bill No. 2016). AN ACT To amend an Act providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, approved April 18, 1973 (Ga. Laws 1973, p. 3697), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3530), so as to change the manner of filling vacancies in the office of 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 providing for a board of elections in counties of this State having a population of more than 170,000 and less than 195,000 persons according to the 1970 United States Decennial Census, or any such future census, approved April 18, 1973 (Ga. Laws 1973, p. 3697), as amended, particularly by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3530), is hereby amended by striking subsection (e) of Section 2 of said Act, which reads as follows: (e) In the event any vacancy shall occur for any reason the party in which such vacancy shall occur shall appoint to fill the unexpired term until the next general primary for the members described in Section 2(a) above and the governing authority of said county shall appoint the chairman described in Section 2(b) above to serve until the next general primary., and inserting in lieu thereof a new subsection (e) of Section 2, to read as follows: (e) In the event any vacancy shall occur for any reason the party in which such vacancy shall occur shall appoint to fill the unexpired term until the next general primary for the members described in Section 2(a) above. In the event any vacancy shall occur for any reason in the office of chairman, the remaining members of

Page 3779

the Board shall appoint a chairman within thirty days following the occurrence of such vacancy. If, at the end of such thirty-day period, such members shall not have been able to agree upon the appointment of a chairman, the chairman shall be appointed by a committee composed of the senior superior court judge, the chairman of the board of county commissioners, the judge of the State court, the foreman of the grand jury, and the chairman of the grand jury conference committee. The chairman appointed pursuant to this subsection (e) shall serve until the next general primary. 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 16, 1978. RICHMOND COUNTYEXPENSES OF COLLECTING AD VALOREM TAXES FOR SCHOOL PURPOSES. No. 1046 (House Bill No. 1978). AN ACT To amend an Act creating the office of Tax Commissioner of Richmond County, approved February 13, 1956 (Ga. Laws 1956, p. 2362), so as to change the provisions relative to the fees and compensation for the collection for taxes levied for school purposes in Richmond County; to provide for the deduction of commissions and expenses from county school ad valorem taxes collected by the tax commissioner and the payment of such commissions and expenses into the general funds of the county; to provide for definitions; to provide for calculation of expenses; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3780

Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Tax Commissioner of Richmond County, approved February 13, 1956 (Ga. Laws 1956, p. 2362), 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. (a) The Tax Commissioner of Richmond County shall collect all county school ad valorem taxes and, after deducting commissions as provided hereafter, he shall pay over to the county board of education, once each month, all county school ad valorem taxes collected by him. Such commissions shall be the lesser of 2 1/2% of all county school ad valorem taxes collected by the tax commissioner or the expenses incurred by Richmond County for the collection of county school ad valorem taxes. (b) As used in this Section, `expenses' means all expenses incurred by Richmond County for the operation of the delinquent tax office, the tag office, the board of tax assessors, the property tax office, and the office of the county tax commissioner related to the collection of county school ad valorem taxes. (c) Such commissions shall be collected by the Tax Commissioner of Richmond County and paid by said tax commissioner and paid over to the proper fiscal authority for Richmond County as reimbursement for expenses incurred by the county for collecting county school ad valorem taxes. 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 there will be introduced in the regular 1978 Session of the General Assembly of Georgia, a Bill to amend the Act creating the office of Richmond County Tax Commissioner (Ga. L. 1956, p. 2362); to provide for the fee for the Richmond County

Page 3781

Tax Commissioner to collect taxes levied for school purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. This 21st day of December, 1977. /s/ Robert C. Daniel, Jr. Richmond County Attorney Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath, says that he is the President of Southeastern Newspapers Corporation, publisher of The Augusta Herald, a daily newspaper publication in the City of Augusta, Richmond County, Georgia, being of general circulation and being the legal organ of the County of Richmond, who certifies that legal notice of intention to apply for local legislation was duly published once a week for three weeks, as required by law. Said dates of publication being: December 24 and 31, 1977, January 7, 1978. /s/ William S. Morris, III, President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Richmond County, Georgia. Sworn to and subscribed before me, this 9th day of January, 1978. /s/ Marie B. Marriott Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Approved March 16, 1978.

Page 3782

CITY OF MARIETTACHARTER AMENDED. No. 1047 (House Bill No. 1986). AN ACT To amend an Act reincorporating the City of Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), so as to change the compensation of the mayor and councilmen; to change the penalty for violations of city ordinances; to provide 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 Marietta and creating a new charter for said city, approved March 23, 1977 (Ga. Laws 1977, p. 3541), is hereby amended by striking from Section 2.12 of said Act the following: $4,800.00, and inserting in lieu thereof the following: $6,000.00, and by striking from said Section the following: $400.00, and inserting in lieu thereof the following: $500.00, and by striking from said Section the following: $2,400.00, and inserting in lieu thereof the following: $3,600.00,

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and by striking from said Section the following: $200.00, and inserting in lieu thereof the following: $300.00, so that when so amended Section 2.12 shall read as follows: 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. The council may also provide 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 $6,000.00 per year, payable in equal monthly installments of $500.00 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 $3,600.00 per year, payable in equal monthly installments of $300.00 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. Said Act is further amended by striking paragraph (2) of Section 6.3 in its entirety and inserting in lieu thereof a new paragraph (2) to read as follows: (2) Upon conviction, to sentence any offender to labor upon the streets or public works in said city for a period not exceeding thirty (30) days; to impose a fine not exceeding one thousand dollars

Page 3784

($1,000.00) or to sentence said offender to be confined in the jail or other place of imprisonment in the county not exceeding sixty (60) days, either one or more of said penalties. 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 1978 session of the General Assembly of Georgia, a bill to amend an act reincorporating the City of Marietta, Georgia in Cobb County and creating new charter for said city (approved March 23, 1977, Ga. L. 1977, p. 35-41); and for other purposes. This 30th day of Dec., 1977. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ 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

Page 3785

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 30, 1977, January 6, 1978 and January 13, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY. No. 1049 (House Bill No. 1777). AN ACT To create the Downtown West Point Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown West Point District; to authorize the Authority to levy a tax; to provide for the powers of the Authority; to authorize the Authority to issue revenue bonds; to provide for procedures connected with all of the foregoing; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of Article IX, Section VIII, Paragraph II of the Constitution, there is hereby created in and for the City of West Point the Downtown West Point Development Authority, referred to in this Act as the Authority.

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Section 2. (a) The Authority shall be composed of nine members to be appointed and elected as provided in this Section. One member of the Authority shall be the Mayor of the City of West Point or, if the Mayor does not desire to be a member, a member shall be appointed by the Mayor and City Council. Such person shall be an elected official of the City of West Point. Four members of the Authority shall represent the owners of real property which is subject to the tax provided for in Section 4 of this Act and shall be known as The Real Property Owner Group. The remaining four members of the Authority shall represent the owners of business establishments whose principal place of business is located in the Downtown West Point District and shall be known as The Business Group. A person who both owns downtown real estate and operates a business within the District is entitled to vote for the representatives of both The Real Property Owner Group and The Business Group. However, no individual shall hold more than one seat on the Authority. The initial four members of the Authority representing each group shall be appointed by the Mayor and City Council of the City of West Point within 30 days after this Act becomes effective. Such members shall serve through February 29, 1979. Thereafter, all terms of office of members of the Authority shall be for two years, except for the Mayor or his representative whose term shall coincide with the Mayor's election. (b) After the initial appointment of members of the Authority by the Mayor and City Council, all expired terms shall be filled by persons elected in a caucus of each respective Owner's Group, which caucus shall be held in the first full week in February, beginning February, 1979. Such caucuses shall be held at such time and place as the Mayor of the City of West Point shall designate, and the Mayor shall give all members of such group 15 days' written notice prior to such caucus. The caucuses of the two respective groups shall not be held at the same time because of the possibility of an individual being eligible to vote in both caucuses, as provided in Section 2 (a). After the initial appointment, terms of office for all members of the Authority, except for the Mayor or his representative as defined in Section 2 (a) above, shall begin and terminate on March 1 every other year. In the event of a vacancy in the membership, the Mayor shall call a special meeting of the group wherein the vacancy occurs for the purpose of electing a successor to serve out the term of office of the former member.

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(c) In the event that 33 1/3% of the total number of the members of either group shall petition the Authority, the Authority shall call a caucus of such group for the purpose of recalling any member named to the Authority by that group. At such a caucus, if a majority of such group present and voting shall vote to recall any such member of the Authority, such group shall elect a successor to such recalled member to serve out the term of office formerly occupied by the recalled member. No petition for the recall of any single member of the Authority shall be filed within a twelve-month period subsequent to the filing of any previous referendum for the recall of such member. (d) All persons required to give notice of meeting and caucus dates shall exercise reasonable care so that as nearly as practical all persons entitled to notice of such meeting shall be appraised of such times and places. Section 3. The Downtown West Point Development District shall be composed of the following described property on the west side of the Chattahoochee River in the City of West Point, Troup County, Georgia: Begin at the point of intersection of the West bank of the Chattahoochee River and the state line between Georgia on the East and Alabama on the West for a point of beginning: FROM THIS POINT OF BEGINNING thence in a Northerly direction along the Georgia-Alabama state line to the point where said state line intersects the West margin of Fifth Avenue; thence in a Northerly direction along the West margin of Fifth Avenue to the point of its intersection with the South margin of West Ninth Street; thence in a Westerly direction of the South margin of West Ninth Street to the point of intersection with the state line; thence in a Northerly direction along the state line to the point where it intersects the South margin of West Tenth Street; thence in a Easterly direction along the South margin of West Tenth Street to the point of its intersection with the East margin of Fourth Avenue; thence in a Northerly direction along the East margin of Fourth Avenue to the point where it intersects the South margin of West Eleventh Street (an unopened street); thence in a Easterly direction along the South margin of the right-of-way of West Eleventh Street to the point where it intersects the West bank of the Chattahoochee River;

Page 3788

thence in a Southerly direction along the West bank of the Chattahoochee River to the point where it intersects the Georgia-Alabama state line, same being the original point of beginning. Section 4. The Authority shall be authorized to levy upon all real property subject to taxation by the Authority within the Downtown West Point District on January 1 of each year a tax not to exceed 20 mills upon the assessed value of all such property, according to the assessed value of such property for ad valorem tax purposes for the City of West Point. All taxes levied by the Authority shall become due and payable at the same time as ad valorem taxes levied by the City of West Point. Delinquent taxes shall bear the same interest and penalties as City of West Point ad valorem taxes. Section 5. The Authority shall have the power to: (a) Buy, acquire, develop, improve, own, operate, maintain, sell, lease and mortgage land, buildings and property of all kinds and character, including, but not limited to, machinery, apparatus, equipment and utilities useful or desirable in connection therewith within the Downtown West Point District. (b) Receive and administer gifts, grants and donations and to administer trusts and to enter into trust indentures. (c) Grant, loan and lease any of its funds and property to private persons and corporations for the purpose of making capital improvements or capital acquisitions to real property within the Downtown West Point District which, in the judgment of the governing body of this Authority, shall be of benefit to the economic improvement and development of said district or area. (d) 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.

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(e) Appoint and employ officers, agents and employees and to provide for their compensation in order to effectuate the purposes of this Act. (f) Encourage and promote the economic improvement, development and rehabilitation of the Downtown West Point District and to make long-range plans therefor in cooperation with the planning development of the Downtown West Point Development Authority, City of West Point and Troup County. (g) Accumulate its funds from such tax levy herein authorized from year to year and to invest and reinvest such funds. (h) Designate any of its officers to sign and act for the Authority pertaining to the rights, powers and privileges herein conferred. (i) Do any and all acts and things necessary, convenient or desirable to accomplish the purpose of this Act and the rights, powers and privileges herein conferred. (j) Contract with the City of West Point for the collection of any taxes levied by the Authority. (k) Adopt such bylaws governing the conduct of the affairs of the Authority and to elect such officers as the Authority shall deem necessary. (l) Contract with the City of West Point and other political subdivisions of the State of Georgia and other private persons and corporations. (m) Exercise all of the powers vested in the Authority by Article IX, Section VIII, Paragraph II of the Constitution, including the power to bring suit, and all other necessary and ancillary powers necessary to carry out the provisions of said Paragraph as it pertains to the Downtown West Point Development Authority. Section 6. The revenue bonds or obligations herein authorized to be issued shall not be deemed to constitute a debt of the City of West Point 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

Page 3790

thereon. The revenue bonds shall not be payable from, nor a charge upon, any funds of the city. Any bondholder shall have the right to compel the Authority to levy the special tax herein provided for within the limit herein prescribed to pay the bonds and interest thereon. Section 7. The Authority may issue revenue bonds or obligations from time to time to carry out the purposes of this Act. Revenue bonds or obligations so issued shall be paid solely from the revenues pledged to the payment thereof, which revenues may include any funds derived from the special tax levy provided hereunder. Such revenue bonds or obligations shall be authorized by resolution of the governing body of the Authority, which may be adopted at a regular or special meeting by a majority vote of the members of said governing body. The governing body of said Authority in determining the cost of any undertaking for which revenue bonds or obligations are to be issued may include all costs relative to the issuance thereof, and without intending to limit such costs, may include architectural, engineering, inspection, fiscal agents' and legal expenses estimated to accrue from the date of any such bonds through the period of construction and for six months after such construction and such bonds shall bear such date or dates, mature at such time or times, not exceeding 30 years from their respective dates, bear interest at such rate or rates and may be in such denominations and may carry such registration privileges and be subject to redemption and may contain such terms, covenants, assignments and conditions as the resolution authorizing the issuance of such bonds may provide. All bonds and interest thereon so issued by said Authority are hereby declared to be tax exempt for any and all purposes. The terms, conditions, covenants and provisions contained in any such resolution authorizing the issuance of such bonds shall bond said governing authority then in office and its successors thereof, including any covenant to levy taxes within the limits herein prescribed for the purpose of providing such funds as may be necessary to pay the principle of and interest on any such issue or issues of said bonds and to create and maintain a reserve for that purpose. Such bonds issued by said Authority shall be validated in the Superior Court of Troup County in the same manner as revenue bonds of municipalities are validated as provided under the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended. There shall be no limitation upon the amount of revenue bonds or obligations which the Authority may issue.

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Section 8. This Act shall become effective on November 10, 1978, only if an amendment to the Constitution authorizing the creation of a Downtown West Point Development Authority is ratified at the general election in 1978, otherwise this Act shall be null and void. 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 1978 session of the General Assembly of Georgia, a bill to create the Downtown West Point Development Authority; to provide for the appointment of members of the Authority and their terms of office; to provide for a recall of the members; to create the Downtown West Point District; to authorize the Authority to levy a tax; to provide for the powers of the Authority; to authorize the Authority to issue bonds; to provide for procedures connected with all of the foregoing; and for other purposes. This 12th day of January, 1978. Mayor and Council City of West Point By: John C. Barron By: John C. Barrow Mayor Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, J. Crawford Ware, who, on oath, deposes and says that he is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 20, 1978, January 27, 1978 and January 30, 1978. /s/ J. Crawford Ware Representative, 68th District

Page 3792

Sworn to and subscribed before me, this 9th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. WHITFIELD COUNTYSMALL CLAIMS COURT CREATED. No. 1051 (House Bill No. 1753). AN ACT Creating and establishing a small claims court for Whitfield County, Georgia, to be known as the Small Claims Court of Whitfield 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 term of the office of the judges of such small claims court; to provide for vacancies; to provide for secretarial help and the compensation thereof; to provide for offices, courtrooms, materials and equipment; to provide for grand jury recommendation; to provide for audits; to provide for the services of processes of said court; to provide that the sheriff and his deputies shall serve as ex officio bailiffs of said court; to provide for liens; to provide for appeals; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to prescribe the costs of court; to provide for contempts of said court and the penalty therefor; to provide for the validating of the acts of said court and the proceedings therein; to provide for certain fees and commissions to be paid into the county treasury; to provide for fees and commissions; to provide for severability; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a small claims court for Whitfield County, Georgia, to be known as the Small Claims Court of Whitfield County, Georgia, which 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 laws of the State of Georgia. Section 2. Any person elected as a judge of the small claims court created by this Act shall have been a resident of Whitfield County at least one year prior to his election, shall be at least twenty-one years of age, shall have a high school diploma or its recognized equivalent, and shall be a person of outstanding character and integrity. All other officers appointed to or employed by said court now or hereafter provided shall be at least twenty-one (21) years of age and shall be residents of Whitfield County. Section 3. Whenever the judge of the small claims court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of the county or any judge of a State court located in said county, on application of said judge of the small claims court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. Section 4. The judge shall receive an annual salary of $19,000, payable in equal monthly installments, from the funds of Whitfield County in lieu of all fees and commissions herein authorized to be collected by the judge. Said fees and commissions of the judge shall be diligently collected by the judge and shall be paid into the treasury of Whitfield County. The judge shall give his full time to the discharge of his duties as such.

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Section 5. The judge may employ secretarial help who shall be compensated in an amount not to exceed $8,000 per annum, which amount shall be fixed by the commissioners of Whitfield County. 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, at the request of any individual, 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 in the county by any official or person authorized by law to serve process in the superior court; or by registered mail or certified with receipt; or by any person not a party to, or otherwise interested in the suit, especially appointed by the judge of said court for that purpose. (b) When notice is to be served by registered or certified mail, the judge shall enclose a copy of the statement of claim, verification and notice in an envelope addressed to the defendant at his last known address, prepay the postage from monies collected for that purpose, and mail the same forthwith, noting on the record the date and hour of mailing. When a receipt therefor is returned, or if the sealed envelope in which said notice was mailed to the defendant by registered or certified mail is returned to sender by United States postal authorities marked refused, giving the date of refusal, and such notation of refusal is signed or initialed by a United States Post Office employee or United States mail carrier to whom refusal was made, then the judge shall attach the same to the original statement and notice of claim, or otherwise file it as a part of the record in the case, and it shall be prima facie evidence of service upon the defendant. (c) When served by a private individual, as above provided, he shall make proof of service by affidavit, showing the time and place of such service on the defendant. (d) When served as provided, the actual cost of service shall be taxable as costs not to exceed $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.

Page 3795

(e) The plaintiff shall be entitled to judgment by default, without further proof, upon failure of defendant to appear, when the claim of the plaintiff is for a liquidated amount. (f) Said notice shall provide the day and hour and location of the hearing, which shall not be less than ten nor more than thirty days from the date of the service of said notice; provided, however, that where service is made by registered 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. Section 8. (a) The plaintiff, when he files his claim, shall deposit with the court the sum of seventeen dollars and fifty cents ($17.50), which shall cover all costs of the proceeding except of service of the notice, and the deposit of cost in cases of attachment, garnishment or trover shall be $17.50. If a party shall fail to pay accrued cost, the judge shall have power to deny said party the right to file any new case while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending. The award of court 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 levying officer shall forthwith return the same to said court and the issues raised by such claim affidavit shall be heard and determined by the judge of said small claims court, and the judge shall be entitled to $10.00 for every such claim case. The same practice and procedure shall apply in cases of illegal affidavits. All attachment proceedings shall also be tried by the judge and without a jury. Section 9. (a) On the day set for the hearing, or such later time as the judge may 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.

Page 3796

practice and procedure shall be liberally construed so as to administer justice. (c) If the plaintiff fails to appear, the suit may be dismissed for want of prosecution, or defendant may proceed to a trial on the merits, or the case may be continued as the judge may direct. If both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution, or make any other just and proper disposition thereof, as justice may require. Section 10. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed, or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 11. When the judgment is to be rendered and the party against whom it is to be entered requests it, the judge shall inquire fully into the earnings and financial status of such party and shall have full discretionary power to stay the entry of judgment, and to stay execution, and to order partial payments in such amounts, over such periods, and upon such terms, as shall seem just under the circumstances and as will assure a definite and steady reduction of the judgment until it is finally and completely satisfied. Section 12. The judge of said small claims court shall not be obligated to collect such deferred partial payments on judgments so rendered but, if the plaintiff so requests, he may do so at the expense of the plaintiff for clerical and accounting costs incurred thereby. Section 13. The records of the small claims court shall remain property of Whitfield County and the grand jury of Whitfield County may review said records and make recommendations, from time to time, for a simple, inexpensive and speedy procedure to effectuate the purposes of this Act and may make recommendations to prescribe, modify and improve the forms to be used therein to insure the proper administration of justice and to accomplish the purposes hereof. Such recommendations may only be effectuated by an Act of the General Assembly. Said records shall be subject to audit as are the records of the Clerk of the Superior Court of Whitfield County.

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Section 14. The sheriff of said county and his deputies shall have the power and authority to serve summons and any and all processes and writs from or by the small claims court, make levies and conduct judicial sales, and shall serve as ex officio bailiffs of said court. Section 15. Judgments of said small claims court shall become a lien on the real estate and personal property of a defendant, situated in any county within the State, 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 16. Appeals may be had from judgments returned in the small claims court, to the superior court, and the same provisions as now or hereafter provided for by law in Code Chapter 6-1 for appeals 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, 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 Whitfield County, Georgia

Page 3798

Page 3799

Section 18. (a) The first judge of the 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 four 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 four years and until their successors are elected and qualified. The elections provided for herein shall be held and conducted in accordance with the provisions of the Georgia Election Code, as now or hereafter amended, in the same manner as elections for county officers. (b) All vacancies in the office of judge shall be filled by appointment of a successor by the grand jury of Whitfield County serving at the time such vacancy occurs, but if such grand jury fails for any reason to make such appointment, the grand jury next serving shall so appoint. The person appointed by the grand jury shall serve for the remainder of the judge's unexpired term and until a successor is elected and qualified. 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 county commissioners, and they shall also provide a suitable room in the Court House for shall also provide a suitable room in the Court House for the holding of said court.

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Section 20. Said small claims court shall have no designated terms at stated periods. The judge in each instance therefor, shall set dates for all hearings and trials in every kind of case, and also designate the times when attachments and executions are returnable. A garnishee shall be required to file his answer not sooner than thirty days and not later than forty-five days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment, as provided in Code Section 46-508, 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, or by a lawful constable, or by the judge of the small claims court. 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, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. Section 22. The judge of the Small Claims Court of Whitfield County shall have the power to impose fines of not more than ten dollars or imprison for not longer than twenty-four hours any person guilty of contempt of court, such fines to be paid into the county treasury or depository for county purposes. Section 23. The fee of sheriff for the execution of a fi. fa. shall be ten dollars ($10.00), plus a reasonable amount for drayage to be determined by the small claims court judge. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of five dollars. Section 24. The judge shall be entitled to charge and collect a fee of five dollars ($5.00) for each application for a search warrant and a fee of four dollars ($4.00) for each application for a criminal arrest warrant.

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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 there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create a Small Claims Court for Whitfield County; to provide for other matters relative to the foregoing; and for other purposes. This 9th day of January, 1978. /s/ John T. Minor, III County Attorney 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/she 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: January 13, 1978, January 20, 1978 and January 27, 1978. /s/ R. L. Foster Representative, 6th District

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Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. HALL COUNTYCOMMISSIONER DISTRICTS, ETC. No. 1052 (House Bill No. 1968). AN ACT To amend an Act creating the Board of Commissioners of Hall County, approved March 21, 1935 (Ga. Laws 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. Laws 1966, p. 3305) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3574), so as to change the boundaries of the commissioner districts; to provide for other matters relative to the foregoing; to provide that the Act shall be null and void under certain circumstances; 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 Hall County, approved March 21, 1935 (Ga. Laws 1935, p. 661), as amended, particularly by an Act approved March 7, 1966 (Ga. Laws 1966, p. 3305) and an Act approved April 17, 1975 (Ga. Laws 1975, p. 3574), 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. (a) Hall County is hereby divided into four commissioner districts to be designated as follows and to be composed of the voting precincts specified:

Page 3803

(1) Commissioner District No. 1 (South Hall Commissioner District) to be composed of No. 1, Wilson's; No. 2, Chicopee; No. 3, Oakwood; No. 4, Flowery Branch; No. 5, Roberts; No. 6, Friendship; No. 7, Clinchem; and No. 8, Morgan voting precincts, specifically described as being bounded by: Beginning at the confluence of the channels of the Chattahoochee River and Chestatee River of Lake Sidney Lanier on the boundary between Hall County and Forsyth County; Thence northeastwardly along the Chattahoochee River channel of Lake Lanier to its confluence with the Stringer Creek Channel; Thence southeastwardly along the Stringer Creek Channel and Stringer Creek to Browns Bridge Road, S. R. 369, at a point 700 feet west of Murphy Drive; Thence northeastwardly along Browns Bridge Road to Murphy Drive; Thence southeastwardly along Murphy Drive and Murphy Drive extended to Flat Creek; Thence southeastwardly along a straight line to the end of Cornet Drive (private); Thence along Cornet Drive and Cornet Drive extended to the Southern Railroad; Thence northeastwardly along the Southern Railroad to the City Limits of the City of Gainesville, at a point 150 feet south of Francis Avenue. Thence along the southern boundary of the City Limits encompassing Runway Four of the Lee Gilmer Memorial Airport to the headwaters of Walnut Creek; Thence southeastwardly along Walnut Creek to the boundary of Hall County and Jackson County; thence southwestwardly, northwestwardly and northeastwardly along the boundary of Hall County and Jackson, Gwinnett and Forsyth Counties to the point of beginning.

Page 3804

(2) Commissioner District No. 2 (North Hall Commissioner District) to be composed of No. 15, Polksville; No. 16, Clermont; No. 17, Quillian; No. 18, Big Hickory; No. 19, Bark Camp; No. 20, Fork; No. 21, Whelchel; No. 22, West Whelchel; No. 23, Tom Bell and No. 31 voting precincts, specifically described as being bounded by: Beginning at the Chattahoochee River at the boundary between Hall, Habersham and White Counties; Thence southwestwardly along the Chattahoochee River and the Chattahoochee River Channel of Lake Lanier to the confluence of Beaver Creek Channel at a point approximately 2,700 feet north of Thompsons Bridge; Thence southeastwardly along Beaver Creek to its intersection with the City Limits of the City of Gainesville east of Thompson Bridge Road, a distance of approximately 2,800 feet; Thence southeastwardly along the City Limits parallel to Thompson Bridge Road, a distance of 2,800 feet, to the circumvental City Limits boundary; Thence west along the City Limits to Thompson Bridge Road (S.R. 60); Thence southwardly along Thompson Bridge Road to Mountain View Drive; Thence westwardly along Mountain View Drive to its end; Thence in a straight line to the confluence of the Chattahoochee River Channel and the Linwood Creek Channel; Thence southwestwardly along the Chattahoochee River Channel to its confluence with the Chestatee River Channel at the boundary of Hall County and Forsyth County; Thence northwardly, northeastwardly and eastwardly along the Hall County boundary with Forsyth, Dawson, Lumpkin and White Counties to the point of beginning.

Page 3805

(3) Commissioner District No. 3 (East Hall Commissioner District) to be composed of No. 9, Candler; No. 10, Tadmore; No. 11, Gillsville; No. 12, Glade; No. 13, Lula; No. 14, Narramore; No. 25, New Holland; No. 27, Gainesville Mill; and No. 29, Riverbend; and No. 30, Westside voting precincts, specifically described as being bounded by: Beginning at the Chattahoochee River at the boundary between Hall, Habersham and White Counties; Thence along the eastern boundary of Hall County and Habersham, Banks and Jackson Counties to the intersection of the boundary with Walnutt Creek; Thence northwestwardly along Walnutt Creek to the City Limits of the City of Gainesville encompassing Runway Four of the Lee Gilmer Airport; Thence northwestwardly along the City Limits to the Southern Railroad at a point 150 feet south of Francis Avenue; Thence southwesterly along the Southern Railroad to a point which is the extension of Cornet Drive (private); Thence northwestwardly along the extension of Cornet Drive and Cornet Drive to its end; Thence northwestwardly in a straight line to Flat Creek at a point which is Murphy Drive extended; Thence northwestwardly along Murphy Drive extended and Murphy Drive to Browns Bridge Road (S. R. 369); Thence northeastwardly along Browns Bridge Road to its intersection with Board Street; Thence along Broad Street to its intersection with the circumvental city limits boundary (a distance of approximately 125 feet); Thence southeastwardly along the City Limits line to Dorsey Street, crossing Myrtle, Hazel, Holland and Erskine Streets;

Page 3806

Thence southerly along Dorsey Drive to the Southern Railroad; Thence northeastwardly along the Southern Ralroad to a point 300 feet north of Bradford Street Extension; Thence southeastwardly along a line parallel to Bradford Street Extension and 300 feet north of said street to the line's intersection with Ridge Road; Thence 250 feet northeastwardly along Ridge Road; Thence along the drainageway to Allen Creek and along Allen Creek to Monroe Drive; Thence along a straight line to the intersection of Athens Highway (S. R. 11) and Gaines Mill Road; Thence eastwardly along Gaines Mill Road to Timberidge Church Road; Thence southerly along Timberidge Church Road to Greater Timberidge Church; Thence southeastwardly along the Church Creek drainageway and Church Creek to a point which is the intersection of Mixon Road extended; Thence northwestwardly along Mixon Road extended and Mixon Road to Gaines Mill Road; Thence eastwardly along Gaines Mill Road to East Floyd Road; Thence eastwardly along East Floyd Road to Eberhardt Creek; Thence eastwardly along Eberhardt Creek to the confluence with Floyd Creek; Thence westerly along Floyd Creek to the north fork of Floyd Creek;

Page 3807

Thence northward along the north fork, Floyd Creek to Ridge Road Branch; Thence westwardly along Ridge Road Branch to Lanier Parkway (S. R. 365); Thence southerly along Lanier Parkway to the Gainesville City Limits approximately 1,000 feet north of Old Athens Highway; Thence along the Gainesville City Limits boundary westwardly and southerly to the Old Athens Highway; Thence westerly along Old Athens Highway to a point approximately 100 feet west of its intersection with Ridge Road South; Thence northerly along the City Limits boundary to Myrtle Street; Thence southwestwardly along Myrtle Street to Downey Boulevard; Thence northwestwardly along Downey Boulevard to its intersection with Enota Drive; Thence northerly along Enota Drive to a point 200 feet north of its intersection with Enota Circle; Thence northwesterly along a line parallel to and 200 feet north of Enota Circle to Cry Creek; Thence northwestwardly along Cry Creek and the Cry Creek Channel of Lake Lanier to its confluence with the Chattahoochee River Channel of Lake Lanier, said point being approximately 3,500 feet downstream from the Longstreet Bridge; Thence northerly along the Chattahoochee River Channel and the Chattahoochee River to the point of the beginning.

Page 3808

(4) Commissioner District No. 4 (Gainesville Commissioner District) - to be composed of No. 24, Gainesville 1; No. 26, Gainesville 2; and No. 28, Gainesville 3; specifically described as being bounded by: Beginning at the confluence of the Chattahoochee River Channel of Lake Lanier, a point approximately 3,500 feet downstream from the Longstreet Bridge; Thence following the channel of the Chattahoochee River southwestwardly to its confluence with the Beaver Creek Channel, a point approximately 2,700 feet north of Thompsons Bridge; Thence southeastwardly along Beaver Creek to its intersection with the City Limits of the City of Gainesville east of Thompson Bridge Road, a distance of approximately 2,800 feet. Thence southeastwardly along the City Limits parallel to Thompson Bridge Road, a distance of 2,800 feet, to the circumvental City Limits boundary; Thence west along the City Limits to Thompson Bridge Road (S. R. 60); Thence southerly along Thompson Bridge Road to Mountain View Drive; Thence westwardly along Mountain View Drive to its end; Thence in a straight line to the confluence of the Chattahoochee River Channel and the Linwood Creek Channel; Thence southerly along the Chattahoochee River Channel to its confluence with the Stringer Creek Channel; Thence southeastwardly along the Stringer Creek Channel and Stringer Creek to Browns Bridge Road, S. R. 369, at a point approximately 700 feet west of Murphy Drive; Thence northeastwardly along Browns Bridge Road to its intersection with Broad Street;

Page 3809

Thence along Broad Street to its intersection with the circumvental City Limits boundary (a distance of approximately 125 feet); Thence southeastwardly along the City Limits line to Dorsey Street, crossing Myrtle, Hazel, Holland and Erskine Streets; Thence southerly along Dorsey Drive to the Southern Railroad; Thence northeastwardly along the Southern Railroad to a point 300 feet north of Bradford Street Extension; Thence southeastwardly along a line parallel to Bradford Street Extension and 300 feet north of said street to the line's intersection with Ridge Road; Thence 250 feet northeastwardly along Ridge Road; Thence along the drainageway to Allen Creek and along Allen Creek to Monroe Drive; Thence along a straight line to the intersection of Athens Highway (S. R. 11) and Gaines Mill Road; Thence eastwardly along Gaines Mill Road to Timberidge Church Road; Thence southerly along Timberidge Church Road to Greater Timberidge Church; Thence southeastwardly along the Church Creek drainageway and Church Creek to a point which is the intersection of Mixon Road extended; Thence northwestwardly along Mixon Road extended and Mixon Road to Gaines Mill Road; Thence eastwardly along Gaines Mill Road to East Floyd Road;

Page 3810

Thence eastwardly along East Floyd Road to Eberhardt Creek; Thence eastwardly along Eberhardt Creek to the confluence with Floyd Creek; Thence westerly along Floyd Creek to the north fork of Floyd Creek; Thence northward along the north fork, Floyd Creek to Ridge Road Branch; Thence westwardly along Ridge Road Branch to Lanier Parkway (S. R. 365); Thence southerly along Lanier Parkway to the Gainesville City Limits approximately 1,000 feet north of Old Athens Highway; Thence along the Gainesville City Limits boundary westwardly and southerly to the Old Athens Highway; Thence westerly along Old Athens Highway to a point approximately 100 feet west of its intersection with Ridge Road South; Thence northerly along the city limits boundary to Myrtle Street; Thence southwestwardly along Myrtle Street to Downey Boulevard; Thence northwestwardly along Downey Boulevard to its intersection with Enota Drive; Thence northerly along Enota Drive to a point 200 feet north of its intersection with Enota Circle; Thence northwesterly along a line parallel to and 200 feet north of Enota Circle to Cry Creek;

Page 3811

Thence northwestwardly along Cry Creek and the Cry Creek Channel to the point of beginning. (b) The provisions of this Section shall not be construed to prevent the Probate Judge of Hall County, Georgia, from changing the boundary between voting precincts, creating new voting precincts or combining voting precincts, provided that the boundary lines of the Commissioner Districts, as provided in subsection (a), shall not be changed or altered in any way. (c) The members of the board shall be elected in the general election which shall take place immediately prior to the expiration of their respective terms of office. Candidates who are elected to office shall take office on the first day of January following their election. Members of the board shall be elected to terms of office of four years and until their successors are duly elected and qualified. Section 2. The provisions of this Act shall apply to all elections for members of the Board of Commissioners of Hall County beginning with the election to be held in 1978; provided that, in the event the provisions of this Act are not approved by the United States Department of Justice as required by the Voting Rights Act of 1965, as amended, the provisions of this Act shall be null and void and of no force or effect whatsoever. Section 3. All laws 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 1978 session of the General Assembly of Georgia, to redefine the geographical areas within the Hall County Board of Commission Districts Numbers 1, 2, 3, and 4, and for other purposes.

Page 3812

This 6th day of January, 1978. /s/ Joe T. Wood Representative, Post 1, District 9 /s/ Douglas Whitmire Representative, Post 2, District 9 /s/ Jerry Jackson Representative, Post 3, District 9 /s/ 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 that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: January 11, 18 and 25, 1978. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 16, 1978.

Page 3813

CITY OF GAINESVILLEWARDS, VOTING PLACES, ETC. No. 1053 (House Bill No. 2054). AN ACT To amend an Act entitled An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Commission Manager form of government for said City, and for other purposes, approved August 15, 1922 (Ga. Laws 1922, p. 834), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3042), and by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2279), so as to designate and define five wards of said City and the boundaries thereof; to provide for a five-man commission and for the election of the members thereof; to provide for terms of office; to provide for election districts and voting places; to provide for election dates and for requirements relative to the listing of candidates on election ballots; 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: Section 1. An Act entitled An Act to amend the charter of the City of Gainesville, to change the corporate name of said City, to abolish the office of Mayor and Councilmen and certain other offices of said City created by Legislative enactment, to provide for a Commission Manager form of government for said City, and for other purposes, approved August 15, 1922 (Ga. Laws 1922, p. 834), as amended, particularly by an Act approved March 13, 1957 (Ga. Laws 1957, p. 3042), and by an Act approved March 17, 1958 (Ga. Laws 1958, p. 2279), 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. Composition; Election; Terms; Qualifications. (a) The legislative authority of the government of the City of Gainesville shall be vested in a Commission composed of five Commissioners who shall be elected as hereinafter provided. No person

Page 3814

shall be qualified or eligible to seek election as Commissioner unless he shall have resided in the City for at least one year immediately preceding his election and within his respective ward, provided for hereinafter, for at least six months immediately preceding his election. Each Commissioner shall remain a resident of his respective ward during his term of office. If a Commissioner moves his residency from his respective ward during his term of office, a vacancy shall thereby be created, which shall be filled for the unexpired term in the manner provided by this charter. Each Commissioner shall be at least twenty-one years of age on such election day. (b) For the purpose of electing the five Commissioners, the territory of the City of Gainesville shall be divided into five wards to be designated respectively as Wards One through Five. One Commissioner shall be a resident of each Ward, but each such Commissioner shall be elected by a majority vote of the voters of the entire City of Gainesville voting at the elections provided for hereinafter. The boundaries of the five Wards of the City of Gainesville shall be as follows: WARD ONE: BEGINNING at the intersection where Green Street intersects with Riverside Drive and Thompson Bridge Road; running thence North along Thompson Bridge Road to Green Street Circle; continuing North on Green Street Circle to Longview Avenue; running thence Southwest along Longview Avenue to Longview Drive; running thence Northwest along Longview Drive to Holly Lane; running thence West along Holly Lane to Holly Drive; continuing on Holly Drive West to Montrose Drive; running thence Northwest along Montrose Drive to Woodland Drive; running thence Northeast on Woodland Drive to Hollywood Avenue; running thence Northwest on Hollywood Avenue to the branch; then along the branch in a Westerly direction to Lake Lanier and continuing in a Westerly direction to the Western line of the city limits of Gainesville; then following the city limits in a generally North and Northwest direction and including the entire Northern boundary of the City of Gainesville following said city limits till it reaches the Eastern boundary of Cleveland Road; running thence South along the Eastern boundary of the Cleveland Road to the Northwestern Land Lot Line of Land Lot 130, 9th Land District; running thence Southeast along said Land Lot Line to a point 697 feet from the corner

Page 3815

common to Land Lots 129, 130, 140 and 141, 9th Land District; running thence along the city limit line in a Southwest direction 174.3 feet; thence South 590 feet; thence Southwest 300 feet to the intersection of Northern right of way of Blue Ridge Drive and the line common to Land Lots 130 and 140 of the 9th Land District; running thence along the land lot line common to Land Lots 130 and 140 1,040 feet more or less to a point; running thence in a Southerly direction along the city limit line 400 feet; running thence in an Easterly direction along the city limit line 608 feet to point; running thence along the city limit line South 440 feet; running thence along the city limit line West to Burns Drive; running thence in a Southerly direction along Burns Drive to Burns Place; running thence South along Burns Place to Enota Avenue; running thence South along Enota Avenue to Enota Drive; running thence East and then South along South Enota Drive to Park Hill Drive; running thence Southerly along Park Hill Drive to Morningside Drive; running thence Westerly along Morningside Drive to Riverside Drive; running thence in a Southerly direction along Riverside Drive to the intersection of Green Street, Riverside Drive and Thompson Bridge Road, the point of beginning. WARD TWO: BEGINNING at the intersection of Green Street, Riverside Drive and Thompson Bridge Road; running thence Northerly along Riverside Drive to Morningside Drive; running thence Easterly along Morningside Drive to Park Hill Drive; running thence Northeasterly along Park Hill Drive to the intersection of Park Hill Drive, South Enota Drive, and the Cleveland Highway; running thence generally North and then West along South Enota Drive to Enota Avenue; running thence North along Enota Avenue to Burns Place; running thence North along Burns Place to Burns Drive; running thence North along Burns Drive to the city limit line; running thence South along the city limit line to the original two mile radius city limit line; running thence along the meanderings of said city limit line in an Easterly, Westerly, Northerly, and Southeasterly direction to the Western right of way of Cleveland Road; running thence Northerly along the Western right of way of Cleveland Road to a point 148.6 feet South of Barrett Street; running thence West 200 feet; running thence North 147.6 feet to the South side of Barrett Street; running thence East along the South side of Barrett Street to the East side of Cleveland Road and the Eastern boundary

Page 3816

of the city limits; running thence South along the East side of Cleveland Road and continuing along the Eastern boundary of the city limits as it meanders until Myrtle Street; running thence in a Southeastern direction along Myrtle Street to Downey Boulevard; running thence North along Downey Boulevard to Spring Street; running thence West along Spring Street to Church Street; running thence West along Church Street to South Bradford Street; running thence South along South Bradford Street to College Avenue; running thence Southwest along College Avenue to South Main Street; running thence North along South Main Street to Parker Street; running thence West along parker Street to East Avenue; running thence West along East Avenue to Broad Street; running thence Northeast along Broad Street to Grove Street; running thence North along Grove Street to Oak Street; running thence Northeast along Oak Street to Green Street; running thence North along Green Street to the intersection of Green Street, Riverside Drive and Thompson Bridge Road, and the point of beginning. WARD THREE: BEGINNING at the intersection of South Bradford Street and the Southern boundary of the city limits of Gainesville; running thence North along South Bradford Street to Myrtle Street; running thence Easterly along Myrtle Street to Chestnut Street; running thence North along Chestnut Street to Atlanta Street; running thence Westerly along Atlanta Street to South Bradford Street; running thence North along South Bradford Street to Church Street; running thence Easterly along Church Street as it changes into Spring Street to Downey Boulevard; running thence South along Downey Boulevard to Myrtle Street; running thence East along Myrtle Street to the Eastern boundary of the city limits; running thence South along the Eastern boundary of the city limits as they meander in a Southerly and Westerly direction to the intersection of South Bradford Street and the Southern boundary line of the city limits of Gainesville, and the point of beginning. WARD FOUR: BEGINNING at the intersection of South Bradford Street and the Southern city limits of the City of Gainesville and running thence in a Westerly direction along the Southern city limits of the City of Gainesville as they meander to the Western city limits at the intersection

Page 3817

of Dawsonville Highway also known as Washington Street; running thence in an Easterly direction along Dawsonville Highway to Washington Street at the intersection with Grove Street; running thence South along Grove Street to Broad Street; running thence South along Broad Street to East Avenue; running thence East along East Avenue to Parker Street; running thence East along Parker Street to South Main Street; running South along South Main Street to College Avenue; running thence East along College Avenue to South Bradford Street; running thence South along South Bradford Street to Atlanta Street; running thence East along Atlanta Street to Chestnut Street; running thence South along Chestnut Street to Myrtle Street; running thence West along Myrtle Street to South Bradford Street; running thence South along South Bradford Street to the Southern city limit line and the point of beginning. WARD FIVE: BEGINNING at the intersection of Green Street, Riverside Drive and Thompson Bridge Road; running thence South along Green Street to the intersection of Academy Street; running thence West along Academy Street until in intersects with Grove Street; running thence South along Grove Street to Washington Street; running thence West along Washington Street as it changes into the Dawsonville Highway and continuing along the Dawsonville Highway and the Western boundary of the city limits of Gainesville as the Western boundary meanders until it reaches a point in Lake Sidney Lanier and the boundary line of Ward One; running thence in an Easterly direction to a branch; running thence Easterly along said branch until it intersects with Hollywood Avenue just North of Hollywood Circle; running thence Southeast along Hollywood Avenue to Woodland Drive; running thence West along Woodland Drive to Montrose Drive; running thence South along Montrose Drive to Holly Drive; running thence East along Holly Drive to Holly Lane; running thence East along Holly Lane to Longview Drive; running thence Southeast along Longview Drive to Longview Avenue; running thence Northeast along Longview Avenue to Green Street Circle; running thence Southerly along Green Street Circle to Thompson Bridge Road; running thence South along Thompson Bridge Road to the intersection of Green Street, Riverside Drive and Thompson Bridge Road, the point of beginning.

Page 3818

(c) The first Commissioners elected from Wards Two and Three shall be the successors to the two incumbent Commissioners of the heretofore existing Commission of the City of Gainesville whose regular terms of office expire on December 31, 1978. Said first Commissioners from Wards Two and Three shall be elected at the City election of 1978 and shall take office on the first day of January, 1979, for terms of three years and until their successors are elected and qualified. For the period beginning January 1, 1979, and ending December 31, 1979, the Commission of the City of Gainesville shall be composed of the two Commissioners elected from Wards Two and Three as provided herein and the remaining three incumbent Commissioners of the heretofore existing Commission of the City of Gainesville. (d) The first Commissioner elected from Ward Five shall be the successor to the incumbent member of the heretofore existing Commission of the City of Gainesville whose regular term of office expires on December 31, 1979. Said first Commissioner from Ward Five shall be elected at the City election of 1979 and shall take office on the first day of January, 1980, for a term of three years and until his successor is elected and qualified. For the period beginning January 1, 1980, and ending December 31, 1980, the Commission of the City of Gainesville shall be composed of the two Commissioners from Wards Two and Three elected as provided by subsection (c) of this Section, the Commissioner elected from Ward Five, as provided herein, and the two remaining incumbent Commissioners of the heretofore existing Commission of the City of Gainesville. (e) The first Commissioners elected from Wards One and Four shall be the successors to the remaining two incumbent members of the heretofore existing Commission of the City of Gainesville whose regular terms of office expire on December 31, 1980. Said first Commissioners from Wards One and Four shall be elected at the City election of 1980 and shall take office on the first day of January, 1981, for terms of three years and until their successors are elected and qualified. (f) Successors to the Commissioners elected from Wards One through Five as provided in subsections (c), (d) and (e) of this Section shall be elected at the City election immediately preceding the expiration of the respective terms of office and shall take office on

Page 3819

the first day of January immediately following their election for terms of three years and until their successors are elected and qualified. (g) The Commission of the City of Gainesville shall review the boundaries of the wards established by subsection (b) of this Section following each United States Decennial Census. Within a reasonable time after each such census, the Commission shall make recommendations to the members of the General Assembly of Georgia whose Senatorial or Representative districts lie wholly or partly within the corporate limits of the City of Gainesville regarding any changes in the boundary lines of such wards as may be necessary to maintain, as near as practicable, equal population for each of said wards. Section 2. Said Act is further amended by striking Section 8 in its entirety and substituting in lieu thereof a new Section 8 to read as follows: Section 8. Applicability of General Laws. (a) Except as otherwise provided by this charter, regular and special elections shall be conducted in accordance with provisions of Code Title 34A known as the `Georgia Municipal Election Code', as now or hereafter amended. (b) The regular election date for the holding of municipal elections of the City of Gainesville shall be the first Tuesday in December of each year. (c) No candidate shall be listed on the ballot at an election for the office of Commissioner unless a nominating petition, signed by at least fifty persons who reside in the Ward of residence of the candidate and whose names shall appear on the last registration list of the City, shall be filed with the city clerk not less than twenty days before the day of the election. (d) The Commissioner shall by ordinance, not later than sixty days before a municipal election, establish Election Voting Districts for municipal elections and voting locations for each district in accordance with Code Title 34A, known as the `Georgia Municipal Election Code', as now or hereafter amended.

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Section 3. An Act amending the Charter of the City of Gainesville by defining the boundaries of the Wards of said City, approved March 13, 1957 (Ga. Laws 1957, p. 3042), is hereby repealed in its entirety effective January 1, 1979. Section 4. For the purpose of the City election of 1978, this Act shall be effective upon its approval by the Governor or upon its otherwise becoming law without his approval. For all purposes, this Act shall become effective on January 1, 1979. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Gainesville by designating and defining five wards of the city and the boundaries of said wards; to provide for the establishment of a five member commission, one commissioner to be nominated and elected from each of the five wards; to repeal the offices of Commissioners at large; to provide for City at large voting of all Commissioners; to provide for the terms of the Five Commissioners and their successors in office; to provide for an effective date; to provide for the establishment of three election districts; to repeal conflicting ordinances; and for other purposes. This 31st day of January, 1978. /s/ Joe T. Wood Representative, 9th District, Post 1 /s/ Doug Whitmire Representative, 9th District, Post 2 /s/ Jerry Jackson Representative, 9th District, Post 3 /s/ Howard T. Overby State Senator, 9th District

Page 3821

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: February 8, 15, and 22, 1978. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 16, 1978. SMALL CLAIMS COURTS IN CERTAIN COUNTIES (18,358-19,148) (19,500-19,700). No. 1054 (House Bill No. 1913). AN ACT To amend an Act creating a Small Claims Court in each county of the State having a specified population, approved April 5, 1961 (Ga. Laws 1961, p. 3142), as amended, so as to change the population category; to change the jurisdictional amount of the court; to specify the cost of service; to provide for other matters relative to the foregoing; 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 creating a Small Claims Court in each county of the State having a specified population, approved April 5, 1961 (Ga. Laws 1961, p. 3142), as amended, 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. There is hereby created and established in each county in this State having a population of not less than 18,358 and not more than 19,148 according to the United States 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 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, all the powers granted to justices of peace by laws of the State of Georgia. Section 2. Said Act is further amended by striking subsection (d) of Section 6 thereof in its entirety and substituting in lieu thereof a new subsection (d) to read as follows: (d) When served as provided, the cost of service shall be $5.00 and 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. Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1978.

Page 3823

FULTON COUNTYEMPLOYEES' PENSION ACT AMENDED. No. 1055 (Senate Bill No. 497). AN ACT To amend an Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2312), and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3266), so as to provide for vesting privileges after ten years of active service; 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 Fulton County to establish rules and regulations governing the payment of pensions to county employees of said county, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2312), and an Act approved March 31, 1972 (Ga. Laws 1972, p. 3266), is hereby amended by striking from Section 3 of said 1971 amendatory Act, as amended by the 1972 amendatory Act, the word and figures twenty (20) wherever the same shall appear and inserting in lieu thereof the word and figures ten (10) and by striking from the first paragraph of said Section the words as a matter of right and inserting in lieu thereof the words by operation of law, so that when so amended, Section 3 shall read as follows: Section 3. When any person coming within the provisions of this Act, as amended, shall have completed ten (10) years of active service with such County and not yet have reached the age of sixtyfive (65) years, then such person shall have the right to terminate his employment with such County upon completion of said ten (10) years, or at any time thereafter; elect not to withdraw or have paid to such person the amount which such person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty-five (65) years of age commence to receive at said time the benefits to which such person would have

Page 3824

been entitled had such person otherwise retired by operation of law in accordance with the applicable provisions of this Act, as amended. Should such person have provided for the payment of a pension to the beneficiary of such person, as authorized by said Act, as amended, by making the required payments or contributions to the pension fund, then after terminating the employment with such County and upon the death of such person, either before or after attaining sixty-five (65) years of age, such person's beneficiary designated under the terms of this Act, as amended, shall be entitled to all of the benefits provided for such beneficiary as set forth in the relevant and applicable sections of this Act, as amended. Should such person, after having left the employment with such County after ten (10) years of active service, become reemployed by such County, then such person at such time shall have the right to continue under the provisions of the amendments to said Act which such person was under prior to the termination of such employment, or may elect to come under any amendments to said Act enacted subsequently to the termination of such person's employment and as might exist and be in effect at the time of said re-employment, upon there being made such payments or contributions to the pension fund, through deductions from salary or otherwise as might be required by said Act, as amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given of intention to apply to the January 1978 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939, (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to Establish Rules and Regulations governing the payment of Pensions to County employees of said County... and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary

Page 3825

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 County, on the following dates: December 28, 1977, January 4, 1978 and January 11, 1978. /s/ Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 17th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. LONG COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 1056 (House Bill No. 1901). AN ACT To amend an Act placing the Clerk of the Superior Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), so as to authorize the board of commissioners to fix the salary of the deputy clerk of the superior court within a certain salary range; to repeal conflicting laws; and for other purposes.

Page 3826

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Clerk of the Superior Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4028), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4, to read as follows: Section 4. The clerk of the superior court shall be authorized to appoint a deputy clerk to assist him in carrying out the duties of his office. Said deputy clerk shall receive a salary of not less than $5,200.00 per annum and not more than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. The clerk of the superior court shall have the authority to appoint such other deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the number of such other employees and their compensation. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of

Page 3827

Georgia, a bill giving the Long County Commissioners the right to adjust the compensation of all of the Clerks and Deputy Clerks of Long County. This 28th day of January, 1978. /s/ Ren D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp, who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3828

LONG COUNTYTAX COMMISSIONER'S COMPENSATION, ETC. No. 1057 (House Bill No. 1898). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), so as to provide that the tax commissioner shall receive additional compensation on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest; to authorize the board of commissioners to fix the salary of the deputy tax commissioner within a certain salary range; 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 Long County into the office of Tax Commissioner of Long County, approved April 17, 1975 (Ga. Laws 1975, p. 4025), 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. All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Long County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed itemized statement showing the sources from which such funds were collected. It is specifically provided, however, that the tax commissioner shall be entitled to receive, in addition to the salary provided by Section 3 of this Act, those commissions allowed by an Act 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. Laws 1937-38, Ex. Sess., p. 297), as amended, and those commissions allowed by an Act relating to the sale of motor vehicle license plates by local tax officials, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended.

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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 is authorized to appoint a deputy to assist him in the performance of his duties. Such deputy shall be compensated in an amount not less than $5,200.00 per annum and not more than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. 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 a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill giving the Long County Commissioners the right to adjust the compensation of all of the Clerks and Deputy Clerks of Long County. This 28th day of January, 1978. /s/ Ren D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp, who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Ren D. Kemp Representative, 139th District

Page 3830

Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. LONG COUNTYCOMPENSATION OF CLERK OF BOARD OF COMMISSIONERS. No. 1058 (House Bill No. 1897). AN ACT To amend an Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. Laws 1921, p. 525), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3369), so as to authorize the board of commissioners to fix the compensation of the clerk of the board within a certain salary range; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing the Board of Commissioners of Long County, approved August 10, 1921 (Ga. Laws 1921, p. 525), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3369), is hereby amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15, to read as follows: Section 15. The said board of commissioners shall elect a clerk whose duty it shall be to keep correct record of all of the actions and doings of the board, said record to be kept in the courthouse of

Page 3831

said county, said record to be open to the inspection of any citizen of said county at all times if the same does not conflict with the meetings of the board, and perform all other duties as may be assigned to him by said board. He shall be compensated for his duties as such clerk in an amount not less than $5,200.00 per annum and not more than $7,200.00 per annum, the exact amount to be determined by the board of commissioners. Said salary shall be payable in equal monthly installments out of the funds of Long County. The clerk shall not be a member of said board of commissioners. Said clerk, before entering upon his duties of clerk of said board, shall enter into and file with the chairman of said board a good and sufficient bond in the sum of $2,000.00 for the faithful performance of his duties as clerk, which bond shall be made payable to the members of said board and their successors in office, the sufficiency of which shall be determined by said board. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill giving the Long County Commissioners the right to adjust the compensation of all of the Clerks and Deputy Clerks of Long County. This 28th day of January, 1978. /s/ Ren D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp, who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce

Page 3832

Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. ROCKDALE COUNTYTAX COMMISSIONER'S COMPENSATION. No. 1059 (House Bill No. 1884). AN ACT To amend an Act creating the office of Tax Commissioner of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 3149), so as to fix the fees payable to Rockdale County for the collection of education taxes by the Tax Commissioner of Rockdale 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 Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended, particularly by an Act approved April 18, 1967 (Ga. Laws 1967, p. 3149), is hereby amended by designating the

Page 3833

present provisions of Section 3 as subsection (a) of Section 3 and by adding at the end of said Section a new subsection (b), to read as follows: (b) The tax commissioner is hereby authorized and directed to remit to the Board of Education of Rockdale County once each month the proceeds from all education taxes collected by him, except one percent of the education taxes collected shall be retained and turned over to the fiscal authority of Rockdale County, as provided by subsection (a) hereof, as reimbursement to the county for the cost of collecting such education taxes. Section 2. This Act shall become effective on 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 there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Tax Commission of Rockdale County, approved February 26, 1943 (Ga. Laws 1943, p. 1106), as amended; and for other purposes. This 3rd day of January, 1978. /s/ 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/she 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: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Clarence R. Vaughn, Jr. Representative, 57th District

Page 3834

Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. LIBERTY COUNTYSHERIFF'S SALARY. No. 1060 (House Bill No. 1871). AN ACT To amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3520), so as to change the annual 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 providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3520), is hereby amended by striking from Section 4 the following: $13,500.00, and inserting in lieu thereof the following:

Page 3835

$16,500.00, so that when so amended Section 4 shall read as follows: Section 4. The Sheriff of Liberty County shall be compensated in the amount of $16,500.00 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 fulltime 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. Section 2. This Act shall become effective July 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3836

Notice of Intention to Introduce Local Legislation. Pursuant to approval of the Commissioners of Roads and Revenues of Liberty County, Georgia, legislation will be introduced at the regular 1978 session of the General Assembly of Georgia to change the compensation of the following officers and employes of Liberty County, Georgia: The Sheriff of Liberty County, the Clerk of Superior Court, the Deputy Tax Commissioner of Liberty County, the Judge of Probate Court, and the Clerk of Probate Court. In addition, legislation will also be introduced to establish the number and compensation of Deputy Clerks and full-time assistants for the Superior Court Clerk's Office. This 17th day of January, 1978. /s/ Ren D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp, who, on oath, deposes and says that he/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3837

PICKENS COUNTYSHERIFF'S SALARY. No. 1061 (House Bill No. 1928). AN ACT To amend an Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2138), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2321), so as to change the compensation of the sheriff; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Pickens County on an annual salary in lieu of the fee system of compensation, approved February 28, 1966 (Ga. Laws 1966, p. 2138), as amended, particularly by an Act approved March 30, 1971 (Ga. Laws 1971, p. 2321), is hereby amended by striking from Section 2 the figure $10,000 and inserting in lieu thereof the figure $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 Pickens County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to increase the annual salary of The Commissioner of Pickens County, The Clerk

Page 3838

of the Superior Court of Pickens County, The Sheriff of Pickens County, The Tax Commissioner of Pickens County and The Probate Judge of Pickens County; and for other purposes. This the 23rd day of January, 1978. /s/ Wendell Anderson Representative, 8th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wendell T. Anderson, who, on oath, deposes and says that he is Representative from the 8th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pickens County Progress which is the official organ of Pickens County, on the following dates: January 27, February 3 and 10, 1978. /s/ Wendell T. Anderson Representative, 8th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3839

CITY OF CARROLLTONELECTIONS. No. 1062 (House Bill No. 1955). AN ACT To amend an Act establishing a new charter for the City of Carrollton, Georgia, approved September 9, 1891 (Ga. Laws 1890-91, p. 474), as amended, so as to change the provisions relating to city elections; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Carrollton, Georgia, approved September 9, 1891 (Ga. Laws 1890-91, p. 474), as amended, is hereby amended by adding, following Section 6, a new Section 6A, to read as follows: Section 6A. Any other provision of this Act or any law to the contrary notwithstanding, beginning with the regular election for city officials in 1979, the regular elections for officials of the City of Carrollton shall be held on the first Tuesday in September of each odd numbered year. No candidate shall be elected to any city office in any city election unless such candidate shall have received a majority of the votes cast to fill such office. In the event no candidate for the office receives a majority of the votes cast, a run-off election shall be held as provided for in Code Title 34A, the Georgia Municipal Election Code, as now or hereafter amended, or as otherwise provided by the general laws of the State of Georgia. Any person elected to the office of mayor or councilman shall take office on the first Monday following the first Saturday in October following the date of the city election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3840

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act establishing a new charter for the City of Carrollton, approved September 9, 1891 (Ga. Laws 1890-91, p. 474), as amended; and for other purposes. This 17th day of January, 1978. /s/ Gerald Johnson /s/ Tom Glanton Representatives, Carroll County, Georgia Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian, legal organ for Carroll County. The following dates, to-wit: January 26, 1978, February 2, 1978 and February 9, 1978. Sworn to on the 16th day of February, 1978. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 16th day of February, 1978 and Oct., 1979. /s/ Carolyn Sullivan Notary Public. (Seal). Approved March 16, 1978.

Page 3841

CITY OF CHICKAMAUGARECORDER. No. 1063 (House Bill No. 1944). AN ACT To amend an Act creating a Charter for the City of Chickamauga, approved August 11, 1913 (Ga. Laws 1913, p. 665), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 963), and an Act approved March 7, 1955 (Ga. Laws 1955, p. 2941), so as to provide for the election of a recorder and to provide for his term of office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Charter for the City of Chickamauga, approved August 11, 1913 (Ga. Laws 1913, p. 665), as amended, particularly by an Act approved August 3, 1925 (Ga. Laws 1925, p. 963), and an Act approved March 7, 1955 (Ga. Laws 1955, p. 2941), is hereby amended by adding, following Section 4, a new Section 4A, to read as follows: Section 4A. At the city election to be held in December, 1978, a city recorder shall be elected. The city recorder so elected shall take office at the same time as the councilmen, for a term of office of two years. Thereafter, successors to the office of city recorder shall be elected in the city election held immediately preceding the expiration of a term of office and shall be elected for a term of office of two years. Section 2. 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 1978 session of the General Assembly of Georgia, local legislation to amend the charter of the city of Chickamauga so as to change the

Page 3842

term of office for the city recorder from one year or two years this 31st day of January, 1978. /s/ Wayne Snow, Jr. Representative, District One, Post One. 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/she is Representative from the 1st District, and 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 15, 1978, February 22, 1978 and March 1, 1978. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. DADE COUNTYCOUNTY COMMISSIONER'S SALARY, DUTIES, ETC. No. 1064 (House Bill No. 1943). AN ACT To amend an Act creating the office of Commissioner for Dade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), as amended, particularly by an Act approved April 17, 1973 (Ga.

Page 3843

Laws 1973, p. 2761), so as to change the provisions relating to the compensation and expenses of the commissioner; to prohibit the sale of county property under certain conditions; to prohibit the reduction of the millage rate for county ad valorem taxation under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the office of Commissioner for Dade County, approved March 9, 1959 (Ga. Laws 1959, p. 2382), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 2761), is hereby amended by striking Section 4, which reads as follows: Section 4. The commissioner shall be compensated in the amount of $10,500.00 per annum, to be paid in equal monthly installments from the funds of Dade County, and the commissioner shall devote his full time to the duties of his office. He shall also be paid from the county funds at the end of each calendar month the sum of $200.00 for traveling expenses outside and inside the county on county business; provided that said commissioner uses his individually owned automobile in traveling on county business outside and inside the county. This expense allowance is to cover all of said commissioner's traveling expenses, except that, when traveling outside the county on county business on trips exceeding round trip mileage of 150 miles and requiring overnight stay, he shall be entitled to $35.00 per diem. Attending County Commissioner's Association meetings shall be considered county business. Before receiving such per diem pay the commissioner must file a signed itemized statement therefor., in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. The commissioner shall be compensated in the amount of $12,000.00 per annum, to be paid in equal monthly installments from the funds of Dade County, and the commissioner shall devote his full time to the duties of his office. He shall also be paid from the county funds at the end of each calendar month the sum of $250.00 for traveling expenses inside the county on county business, provided that said commissioner uses his individually

Page 3844

owned automobile in traveling on county business inside the county. In addition, the commissioner shall also be paid from the county funds at the end of each calendar month 15 for each mile traveled outside the county on county business, provided that said commissioner uses his individually owned automobile in traveling on county business outside the county. This expense allowance is to cover all of said commissioner's traveling expenses, except that, when traveling outside the county on county business on trips exceeding round trip mileage of 150 miles and requiring overnight stay, he shall be entitled to $35.00 per diem. Attending County Commissioner's Association meetings shall be considered county business. Before receiving such per diem pay the commissioner must file a signed itemized statement therefor. Section 2. Said Act is further amended by adding, following Section 10, a new Section 10A, to read as follows: Section 10A. The commissioner is hereby prohibited from selling or otherwise disposing of any real or personal property belonging to the county which has a fair market value of $5,000.00 or more at any time after such commissioner has been defeated for nomination or election to the office of commissioner in any primary or general election. Such commissioner shall further be prohibited from reducing the millage rate for county ad valorem taxation by more than three mills following the date on which such commissioner has been defeated for nomination or election to the office of county commissioner in any primary or general election. 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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 session of the General Assembly of the State of Georgia, a bill to amend an act creating the office of County Commissioner of Dade

Page 3845

County as amended March 9th, 1959, so as to change the authority of County Commissioner so as to prohibit sales of equipment, borrowing money, purchasing of equipment after being defeated during a primary election. To change per diem of County Commissioner on overnight stay. To change compensation of and arriving at amount of compensation for County Commissioner and amount of compensation for clerical help of said Commissioner. To reapeal conflicting laws, and for other purposes. This 12th day of January 12, 1978. /s/ Dan O. Hall Commissioner, Dade County, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Wayne Snow, Jr., who, on oath, deposes and says that he/she is Representative from the 1st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dade County Sentinel which is the official organ of Dade County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3846

PIKE COUNTYJURISDICTION OF SMALL CLAIMS COURT. No. 1065 (House Bill No. 1847). AN ACT To amend an Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), so as to change the jurisdictional limit of the court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692), is hereby amended by striking from Section 1 thereof the following: $1,500.00, and substituting in lieu thereof the following: $2,500.00, so that when so amended Section 1 shall read as follows: Section 1. there is hereby created and established in Pike County in this State a court known as a Small Claims Court, which court shall have civil jurisdiction in cases at law in which the demand or value of the property involved does not 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 laws of the State of Georgia. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3847

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a Small Claims Court in Pike County, approved April 10, 1971 (Ga. Laws 1971, p. 3692); and for other purposes. This 3rd day of Jan., 1978. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Peter 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/she 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 12, 1978, January 19, 1978 and January 26, 1978. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3848

CHATTOOGA COUNTYCOMPENSATION OF BOARD OF EDUCATION, REFERENDUM. No. 1066 (House Bill No. 1812). AN ACT To provide for the compensation of members of the Board of Education of Chattooga County and the travel expenses thereof; to provide for procedures relating to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding the provisions of any other law to the contrary, members of the Board of Education of Chattooga County shall receive a per diem of $35 for each day of attendance at meetings of the board, and while meeting and traveling within or without the State as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith. The accounts for such service and expenses shall be submitted for approval to the Superintendent of Schools of Chattooga County. The compensation of such members shall be paid only from the local tax funds available to the Board of Education of Chattooga County for educational purposes. Section 2. It shall be the duty of the election superintendent of Chattooga County to issue the call for an election for the purpose of submitting this Act to the electors of the Chattooga County School District for approval or rejection. The superintendent shall set the date of such election for the same date as the general election of 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 Chattooga County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act increasing the compensation and travel expenses for members of the Board of Education of Chattooga County be approved?

Page 3849

All persons desiring to vote for approval of the Act shall vote Yes, and those persons desiring to vote for rejection of the Act shall vote No. If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in Section 3 of this Act, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chattooga County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 3. The provisions of this Act shall become effective for the purpose of holding the referendum election upon its approval by the Governor or upon its becoming law without his approval. The provisions of this Act relating to the change in compensation and travel expenses for members of the Board of Education of Chattooga County shall become effective on January 1, 1979, only if this Act is approved at the referendum election provided in Section 2 of this Act. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1978 Session of the General Assembly of Georgia, a bill to change the compensation of the members of the Chattooga County Board of Education; and for other purposes. This 6th day of January, 1978. /s/ Jerry Money Representative, 5th District

Page 3850

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/she is Representative from the 5th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Summerville News which is the official organ of Chattooga County, on the following dates: January 26, 1978, February 2, 1978 and February 9, 1978. /s/ Jerry Money Representative, 5th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. BRANTLEY COUNTYACT PLACING COUNTY OFFICERS ON SALARY BASIS AMENDED. No. 1067 (House Bill No. 1852). AN ACT To amend an Act abolishing 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. Laws 1968, p. 2301), so as to change the provisions relating to the compensation of personnel of the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Brantley County; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 3851

Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the present mode of compensating the Clerk of the Superior Court, the Judge of the Probate Court and the Tax Commissioner of Brantley County, approved March 18, 1968 (Ga. Laws 1968, p. 2301), is hereby amended by striking from Section 8, the following: $400.00, and inserting in lieu thereof the following: $500.00, 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 $500.00 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 fulltime 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 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.

Page 3852

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act abolishing 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. Laws 1968, p. 2301); and for other purposes. This 25th day of Jan., 1978. /s/ 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/she 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 26, 1978, February 2, 1978 and February 9, 1978. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public. (Seal). Approved March 16, 1978.

Page 3853

SPALDING COUNTYBOARD OF COMMISSIONERS, SALARIES. No. 1068 (House Bill No. 1877). AN ACT To amend an Act creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. Laws 1873, p. 289), as amended, so as to change the compensation of the Chairman of the Board of Commissioners of Spalding County and the salary of each of the other Commissioners of Spalding County; to repeal a specific 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 creating the Board of Commissioners of Spalding County, approved February 5, 1873 (Ga. Laws 1873, p. 289), as amended, is hereby amended by striking Section II of said Act in its entirety and substituting in lieu thereof a new Section II to read as follows: Section II. The Chairman of the Board of Commissioners of Spalding County, Georgia, shall be paid a salary at the rate of $6,960.00 per annum for his services and each of the other two commissioners of said board shall respectively be paid a salary at the rate of $6,240.00 per annum for his services, which said salaries shall be apportioned and payable for the remainder of the current year 1978 at said respective rates, shall be payable for all subsequent years at said respective annual rates from the funds of Spalding County and shall be payable, as accrued, in monthly installments or other periodic installments at the discretion of the majority of said three commissioners. Section 2. An Act to provide for an expense allowance for the members of the Board of Commissioners of Roads and Revenues of Spalding County, approved February 23, 1956 (Ga. Laws 1956, p. 2440); is hereby repealed in its entirety. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval.

Page 3854

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 1978 Session of the General Assembly of Georgia, a bill to change the compensation of the Commissioners of Spalding County and the Chairman of the Board of Commissioners of Spalding County; to repeal conflicting laws and for other purposes. This the 28th day of December, 1977. /s/ Maureen C. Jackson as Clerk of Spalding County Commissioners Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle, who, on oath, deposes and says that he/she 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 31, 1977, January 7, 1978 and January 14, 1978. /s/ John R. Carlisle Representative, 71st District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3855

ROCKDALE COUNTYBOARD OF COMMISSIONERS, AUDITS. No. 1069 (House Bill No. 1886). AN ACT To amend an Act creating a Board of Commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), so as to change the provisions relating to audits; 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 Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), is hereby amended by striking Section 21 in its entirety and inserting in lieu thereof a new Section 21 to read as follows: Section 21. Audits. The Commission shall, on or before July 31 annually, employ a certified public accountant for the making of an annual audit of county finances and financial records. The accountant so employed shall be paid out of county funds and shall perform a complete audit of the financial records of the county for the ensuing year, pointing out any irregularities found to exist and reporting the results of such audit to the Commission at least annually. Each 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 each year. Said accountant shall transmit to the grand jury of the Superior Court of Rockdale County a copy of each annual report furnished by him to the Commission. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3856

Legal. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Rockdale County, approved March 4, 1977 (Ga. Laws 1977, p. 2817), so as to provide for an annual audit; to provide for other matters relative thereto; and for other purposes. This 30th day of January, 1978. /s/ 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/she 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: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3857

EXPENSES OF MEMBERS OF GOVERNING AUTHORITIES IN CERTAIN COUNTIES (35,000-44,000). No. 1070 (House Bill No. 1891). AN ACT To repeal an Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the United States Decennial Census of 1970 or any future such census, approved March 18, 1976 (Ga. Laws 1976, p. 3001); to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to provide for the reimbursement of expenses of the members of the governing authority of each county in this State having a population of not less than 35,000 nor more than 44,000 according to the United States Decennial Census of 1970 or any future such census, approved March 18, 1976 (Ga. Laws 1976, p. 3001), 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 16, 1978.

Page 3858

LONG COUNTYSALARY OF CLERK OF PROBATE COURT. No. 1071 (House Bill No. 1899). AN ACT To amend an Act placing the Judge of the Probate Court of Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), so as to authorize the board of commissioners to fix the salary of the clerk of the judge of the probate court within a certain salary range; 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 Long County on an annual salary, approved April 17, 1975 (Ga. Laws 1975, p. 4022), 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 probate court shall be authorized to appoint a clerk to assist him in carrying out the duties of his office. The said clerk shall receive a salary of not less than $5,200.00 per annum and not more than $7,200.00 per annum, the exact amount to be determined by the board of commissioners, payable in equal monthly installments out of the funds of Long County. The judge of the probate court shall have the authority to appoint such other deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the number of such other employees and their compensation. It shall be within the sole power and authority of the judge of the probate court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

Page 3859

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice. Notice of Intent to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill giving the Long County Commissioners the right to adjust the compensation of all of the Clerks and Deputy Clerks of Long County. This 28th day of January, 1978. /s/ Ren D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Rene D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3860

COMPENSATION OF ELECTED OFFICIALS IN CERTAIN COUNTIES (145,000-165,000). No. 1072 (House Bill No. 1907). 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. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), 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. 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. Laws 1976, p. 3155), as amended by an Act approved March 30, 1977 (Ga. Laws 1977, p. 4446), 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 following elected officials in such counties shall receive a monthly salary as provided: Clerk of Superior Court $ 1,700.00 Judge of Probate Court $ 1,800.00 Tax Commissioner $ 1,900.00 Judge of State Court $ 2,222.00 Solicitor of State Court $ 1,356.60 Coroner $ 892.00 Judge of Civil Court $ 2,050.00 Associate Judge of Civil Court $ 1,700.00 Chairman, Board of Commissioners $ 783.33 County Commissioners $ 583.33 District Attorney $ 595.83 Judges of the Superior Court $ 807.85 Sheriff $ 2,225.00

Page 3861

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 on April 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1978. SUMTER COUNTYSHERIFF'S SALARY. No. 1073 (House Bill No. 1993). AN ACT To amend an Act placing the Sheriff of Sumter County on a salary basis in lieu of a fee basis, approved March 25, 1965 (Ga. Laws 1965, p. 2748), so as to change the annual salary 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 Sumter County on a salary basis in lieu of a fee basis, approved March 25, 1965 (Ga. Laws 1965, p. 2748), is hereby amended by striking from Section 1 the following:

Page 3862

$8,000.00, and inserting in lieu thereof the following: $15,301.00, so that when so amended Section 1 shall read as follows: Section 1. The Sheriff of Sumter County shall be compensated on a salary basis in lieu of a fee basis. He shall receive an annual salary of $15,301.00, payable in equal monthly installments from the funds of Sumter 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 1978 Session of the General Assembly of Georgia a bill to amend the Act placing the Sheriff of Sumter County on a salary, approved March 27, 1965 (Ga. Laws 1965, p. 2748), so as to provide a cost-of-living salary increase for the Sheriff of Sumter County, which local Act is required in order to grant the Sheriff the same cost-of-living increase granted by the Sumter County Commissioners to all other county employees; and for other purposes. This 3rd day of February, 1978. /s/ Hugh Carter, Senator, District 14 /s/ Don Castleberry, Representative District 111 /s/ Bill Murray, Representative, District 116 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she is Representative from the 116th District, and

Page 3863

that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Americus Times-Recorder which is the official organ of Sumter County, on the following dates: February 3, 1978, February 10, 1978 and February 17, 1978. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. APPLING COUNTYCOMMISSIONERS' SALARIES. No. 1074 (House Bill No. 2060). AN ACT To amend an Act creating the Board of Commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3567), so as to change the compensation of the Commissioners of Appling County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the Board of Commissioners of Appling County, approved February 12, 1945 (Ga. Laws 1945, p. 650), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3567), is hereby amended by striking the second

Page 3864

paragraph of Section 5(a) in its entirety, and inserting in lieu thereof a new paragraph of Section 5(a), to read as follows: Each of said commissioners, other than the chairman, shall be paid as compensation for his services as such commissioner an annual salary of $3,000.00, payable in equal monthly installments of $250.00. The chairman of the board of commissioners shall be paid as compensation for his service as chairman and commissioner an annual salary of $3,600.00, payable in equal monthly installments of $300.00. The salaries of the chairman and commissioners shall be paid out of the treasury of Appling County which salaries shall be full compensation for all services rendered as a county commissioner of every kind whatever. It shall be unlawful for any commissioner to be paid or receive any additional sum from Appling County for any services of any nature, except the commissioners may be reimbursed from county funds for any reasonable expenses incurred by them in making authorized trips outside the limits of the county on county business. Section 2. This Act shall become effective on the first 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 1978 Session of the General Assembly of Georgia a bill to provide for increases in salary for the County Commissioners of Appling County; to provide for the procedures therewith; and for other purposes. All increases are to be paid from county funds. Appling County Board of Commissioners.

Page 3865

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/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. APPLING COUNTYSALARIES OF SHERIFF AND CLERK OF SUPERIOR COURT. No. 1075 (House Bill No. 2061). AN ACT To amend an Act placing certain of the county officers of Appling County upon an annual salary, approved March 10, 1964 (Ga. Laws 1964, p. 2681), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3623) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4068), so as to change the compensation of the Sheriff and the Clerk of the Superior Court of Appling 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 certain of the county officers of Appling County upon an annual salary, approved March 10, 1964 (Ga. Laws 1964, p. 2681), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3623) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4068), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The Sheriff of Appling County shall receive an annual salary of $16,500.00 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. Said Act is further amended by striking Section 3 in its entirety and inserting in lieu thereof a new Section 3, to read as follows: Section 3. The clerk of the superior court shall receive an annual salary of $14,500.00 per annum, payable in equal monthly installments from the funds of Appling County. The clerk of the superior court shall have the authority to appoint two secretaries who shall be compensated in the amount of $3,600.00 per annum each, payable in equal monthly installments from the funds of Appling County. 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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of General Assembly of Georgia a bill to provide for increases

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in salary for the Sheriff of Appling County; to provide for the procedures therewith; and for other purposes. All increases are to be paid from county funds. Appling County Board of Commissioners 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/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1978. (Seal). Approved March 16, 1978.

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CITY OF CONYERSNEW CHARTER, REFERENDUM. No. 1078 (House Bill No. 1887). AN ACT To create a new charter for the City of Conyers; to provide for the general and special powers of the city; to provide for the construction of powers; to provide for the boundaries and official map of said city; to provide for the council; to provide for the composition of the council; to provide for the terms of office, qualifications and compensation of the members of the council; to provide for the general and special powers of the council; to provide for the execution of powers by the council; to provide for independent audits; to provide for inquiries and investigations; to provide for the mayor and mayor pro tem; to provide for the interpretation of terms; to provide for the organization and procedures of the council; to provide for an organizational meeting; to provide for rules of procedure and journal of minutes; to provide for regular, special and emergency meetings; to provide for codes of technical regulations; to provide for authenticating ordinances; to provide for the recording, codification and printing of ordinances; to provide for the appointment and qualifications of the city manager; to provide for the removal of the city manager; to provide for an acting city manager; to provide for the powers and duties of the city manager; to provide that the council shall deal with city officers and employees through the city manager; to provide for the conduct of elections; to provide for the application of general laws; to provide for the time of holding regular elections; to provide for the election of council members by posts; to provide for special elections; to provide for filling vacancies; to provide for recall elections; to provide for the forfeiture of office; to provide for the suspension from office; to provide for the appointment, qualifications, duties and responsibilities of the city attorney; to provide for the appointment, qualifications, duties and responsibilities of the city clerk; to provide for city departments and agencies; to provide for the administrative organization of the city government; to provide for a personnel system; to provide for boards and commissions; to provide for the composition and bylaws of boards and commissions; to provide for the appointment and removal of members of boards and commissions; to provide for the regulation of the conduct of elected and appointed officers and employees; to enumerate conflicts of interest; to

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provide for the disclosure of interest; to provide for fair and equal treatment of citizens; to provide that no person who has served as an elected or appointed officer or employee of the city shall appear for compensation before any agency of the city or receive compensation for any services rendered in behalf of any private interest in any case in which he was involved on behalf of the city within a period of one year after termination of that service or employment; to provide that no elected official or appointed officer of the city shall use property owned by the city for personal benefit, convenience or profit; to provide for voiding or rescinding certain contracts; to provide for the ineligibility of elected officials to hold any other elective or compensated appointive office in the city; to provide that no appointive officer or employee of the city shall continue in that employment or service upon qualifying as a candidate for any city elective office; to provide that city appointed officers or employees shall not participate in city elections other than by exercising the right to vote, privately expressing political views or by serving as election officials; to provide penalties for violations of charter requirements; to provide for taxation and other revenue; to provide for property tax; to provide for a millage rate, due dates and payment methods; to provide for occupation and business taxes; to provide for fees for licenses and permits; to provide for service charges for utilities and health services; to provide for special assessments; to provide for the interpretation of general laws relative to other taxes; to provide for the collection of delinquent taxes and fees; to provide for bonds of officers and employees charged with the responsibility of handling moneys on a regular basis for faithful performance; to provide for general, obligation and revenue bonds; to provide for short-term notes; to provide for the preparation and submission of the municipal budget; to provide for the municipal appropriations ordinance; to provide for supplementary appropriations; to provide that appropriations shall be for specific sums; to provide for the purchasing, contracting and disposition of property; to provide for contracting and purchasing procedures; to provide for the sale and disposition of property; to create The Municipal Court of Conyers, Georgia; to provide for the jurisdiction of said court; to provide for the appointment, compensation and oath of the chief judge and associate judges; to provide for the convening, powers and rules of procedure of said court; to provide for punishments by said court; to provide for appeals from the municipal court; to provide for ordinances and regulations; to provide for contracts and obligations of the city; to define governing body; to

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provide for rules of construction; to provide for the continuance in office of city officers and employees; to provide for severability; to provide for a referendum; to repeal specific laws; 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. Section 1-102. General powers. Section 1-103. Special powers. Section 1-104. Construction of powers. Section 1-105. Boundaries; official map. Section 1-101. Incorporation; name. The City of Conyers, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Conyers (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, and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the general laws of the State of Georgia, or by 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 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.

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Section 1-103. Special powers. 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 systems, 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. 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 immediately prior to the effective date of this Section 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 Conyers, 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. ARTICLE II The Council Chapter 1. General Provisions Chapter 2. Powers of Council Chapter 3. Mayor and Mayor Pro Tem Chapter 4. Organization and Procedures of Council

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CHAPTER 1 General Provisions Section 2-101. Creation; composition; term of office. Section 2-102. Qualifications. Section 2-103. Compensation. Section 2-101. Creation; composition; terms of office. There shall be a city council (hereinafter at times referred to as the council) composed of the mayor and six council members elected as provided in Article IV of this charter for three-year terms and until a successor is elected and qualified. Section 2-102. Qualifications. (a) To be eligible for election or appointment to the council, a person, at the time of election or appointment, must: (1) have attained the age of 18 years; (2) have resided in the city for one year; (3) be a qualified elector of the city; and (4) 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. Section 2-202. Execution of powers. Section 2-203. Specific powers, duties and limitations. Section 2-204. Independent audits. Section 2-205. Inquiries and investigations.

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Section 2-201. General powers. Except as is otherwise provided by this charter, all powers of the city shall be vested in the council. Section 2-202. Execution of powers. The council shall, by ordinance only, provide for the execution of all powers, functions, rights, privileges, duties and immunities of the city, its officers, agencies, or employees granted by this charter or general law unless otherwise authorized by State law or this charter. Section 2-203. Specific powers, duties and limitations. (a) Without otherwise limiting the general powers of the council, it shall: (1) adopt all annual appropriations for the city and any supplements or amendments the council deems necessary from time to time during the fiscal year, by ordinance; (2) 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; (3) adopt ordinances providing for all governmental reorganizations 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; (4) adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) establish, by resolution, committees of its members for legislative, investigative and study purposes and members of these committees shall be appointed by the mayor; (6) adopt any resolution or motion expressing the council's opinion on any subject or, where authorized by ordinance, approve by motion the issuance of any license or permit of the city; (7) appoint, by a motion adopted by a majority of all council members, any officer or agent of the city unless otherwise provided by State law, this charter or ordinance;

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(8) establish and appoint, by resolution, any committee of citizens to advise the council as it deems necessary; provided, however, that the term of such committee shall automatically expire within one year of its creation, if not earlier abolished by the council; and (9) adopt any other ordinance or amendment to this charter as is 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 State law or this charter. (b) No power in this Section shall be exercised by the city except as is provided in this Section. Section 2-204. Independent audits. The council shall provide, by resolution, for an independent annual audit of all city accounts and may similarly 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 by resolution 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 90 days after the beginning of the fiscal year. If the State makes an audit, the council may accept it as satisfying the requirements of this Section. The council may also provide by resolution for special independent audits of any office, department, board, commission, or other agency of the city. Section 2-205. 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 of the city or any joint city/county or independent commission, board or authority of the city or county. For this purpose, the council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in the same manner as the Superior Court of Rockdale County. Any person who fails or refuses to obey a lawful order 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 Rockdale County from a

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council contempt conviction is allowed as for any conviction in the municipal court. CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor. Section 2-302. Mayor pro tem. Section 2-303. Interpretation of terms. Section 2-301. Mayor. The mayor shall: (1) preside at all meetings of the council; (2) appoint any council committees; (3) be an ex officio member of all council committees; (4) be the official head of the city for the service of process and for ceremonial purposes; (5) be the official representative and chief advocate of policy for the city; (6) be compensated for services in the same manner or with an additional amount as for other council members; (7) have the power to administer oaths and to take affidavits; (8) unless otherwise provided by ordinance, to sign, as a matter of course, all written contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (9) to perform any other duties and exercise any other powers required by State or federal law or authorized by ordinance not in conflict with this charter; (10) convene special sessions as provided in the city charter; but

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(11) otherwise, the mayor shall have all the same powers and duties of other council members. Section 2-302. Mayor pro tem. The council shall appoint, by a majority vote from among its members other than the mayor, a mayor pro tem who shall assume the duties and powers of the mayor in his or her absences or disability but otherwise shall have all the same powers and duties as other council members. Section 2-303. Interpretation of terms. All references to members of council, unless specifically provided otherwise, shall mean and include the mayor and mayor pro tem. CHAPTER 4 Organization and Procedures of Council Section 2-401. Organizational meeting. Section 2-402. Rules of procedure; journal of minutes. Section 2-403. Meetings; regular; special; emergency. Section 2-404. Codes of technical regulations. Section 2-405. Authenticating ordinances; recording; codification; printing. Section 2-401. Organizational meeting. (a) The newly elected or reelected mayor and council members shall meet for organization and swearing-in ceremonies on the date and at the time of the first regular meeting in January following each regular municipal election or, if that date is a legal holiday, on the next following day not a legal holiday. (b) At this meeting, the newly elected or reelected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a person authorized by State law to administer oaths: I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council member, 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 Conyers and the common interest thereof.

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(c) At this meeting, the newly organized council shall make any appointments and selections as may be required by this charter or by ordinance. (d) A special meeting may be called to install any member elected by a special election. Section 2-402. Rules of procedure; journal of minutes. (a) The council, by a motion approved 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 and ordinances of the city, provided that: (1) Every proposed ordinance and resolution shall be introduced in writing and in the form required in the rules of procedure. (2) Every ordinance shall be introduced at a proper council meeting and begin with an enacting clause substantially as follows: The Council of the City of Conyers hereby ordains.... (3) A proposed ordinance may be introduced by any council member and shall be introduced and read at a regular or special meeting only if the ordinance is listed on the agenda for that meeting; however, this requirement may be waived by a motion unanimously adopted by all council members. (4) No ordinance may be adopted at the same meeting at which it is introduced; however, this requirement may be waived by a motion unanimously adopted by all council members. (5) An agenda for a regular council meeting shall be distributed to all council members and made available to the public at least 24 hours before that meeting and additions of proposed ordinances to the agenda after that time shall be void unless approved by a motion unanimously adopted by all council members.

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(6) 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. (7) All actions of council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter. (8) All amendments to ordinances shall be by ordinance. (b) A journal of minutes shall be maintained and every official action of the council shall be recorded therein and the journal shall be a public record. Any council member shall be able to require the recording of yeas and nays of each member in the journal for any votes taken by the council. Section 2-403. Meetings; regular; special; emergency. (a) The council shall fix the date and time of regular meetings of the council by ordinance and there shall be at least one regular meeting each month. (b) Special meetings of the council may be held on call of the mayor or a majority of all members of the council. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible 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 or a

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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, but the affirmative vote of a majority of all council members shall be required for adoption. It shall become effective upon adoption 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 2-404. 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 the adopting ordinance shall be as prescribed for ordinances generally. (b) Any requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance. (c) 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 2-405. (d) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase by the public at a reasonable price. Section 2-405. Authenticating ordinances; recording; codification; printing. (a) The city clerk shall authenticate by signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council.

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(b) The council 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, any 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 Conyers, 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. (c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price. (d) Following publication of the first code under this charter and at all times thereafter, any ordinances and charter amendments thereafter adopted shall be printed in substantially the same style as the code then currently in effect and shall be suitable in form for incorporation therein. The council shall make any 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 City Manager Section 3-101. Appointment; qualifications. Section 3-102. Removal of the city manager. Section 3-103. Acting city manager. Section 3-104. Powers and duties. Section 3-105. Council interference with administration. Section 3-101. Appointment; qualifications. (a) The city manager shall be appointed by a majority vote of all council members for a term set by contract with the city manager. (b) The city manager shall be chosen solely on the basis of executive, administrative and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time of

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appointment, he or she need not be a resident of the city or the State, but during the tenure of office he or she shall reside within the city. (c) No council member shall receive this appointment during the term for which the member was elected nor within one (1) year after the expiration of that term. Section 3-102. Removal of the city manager. The council may remove the city manager by such procedure as may be set out in the city manager's contract with the city. Section 3-103. Acting city manager. The council shall appoint a qualified city administrative officer as acting city manager to exercise the powers and perform the duties of the city manager during any temporary absence or disability, which disability shall be acknowledged by a motion adopted by a majority vote of all council members present. Section 3-104. Powers and duties. (a) The city manager shall: (1) be the chief administrative officer of the city; (2) be responsible to the council for the proper administration of all affairs of the city; (3) appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city except as otherwise provided by State law, this charter, or personnel ordinances of the city; (4) be authorized to delegate the appointment and removal powers in (3) above to each department head of the city for that department; (5) nominate for appointment any officers, agents or employees of the city required to be appointed by the council and no appointment hereunder shall be made without the endorsement of the city manager; (6) prepare and submit an operating and capital improvements budget annually to the council;

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(7) prepare and submit to the council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (8) make any other reports on the operation of any aspect of the city operation as the council may request by motion; and (9) perform any other duties and exercise any other powers as directed by ordinance consistent with this charter and State law. (b) The city manager shall appoint and remove all department heads with the consent of the council adopted by motion and may personally serve as department head of any and all departments. Section 3-105. Council interference with administration. Except for the purpose of inquiries and investigations under Section 2-205, the council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any city officer or employee, either publicly or privately. ARTICLE IV Election and Removal Chapter 1. Conduct of Elections Chapter 2. Removal from Office CHAPTER 1 Conduct of Elections Section 4-101. Application of general laws. Section 4-102. Regular elections; time for holding; specifying post. Section 4-103. Special elections; vacancies. Section 4-101. Application of general laws. All municipal general or special elections and primaries shall be held and conducted in accordance with the Georgia Municipal Election Code, Title 34A of the Code of Georgia (Ga. Laws 1968, p. 885), as now or hereafter amended.

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Section 4-102. Regular elections; time for holding; specifying post. (a) The regular election for council posts one and two shall be held on the first Saturday of December, 1978, and on that day every three years thereafter. (b) The regular election for council posts four and five shall be held on the first Saturday of December, 1979, and on that day every three years thereafter. (c) The regular election for mayor and council posts three and six shall be held on the first Saturday of December, 1980, and on that day every three years thereafter. (d) The candidates receiving the highest number of votes shall be elected. Section 4-103. Special elections; vacancies. (a) In the event that the office of mayor or any other council member shall become vacant for any cause whatsoever, the council or those remaining may order a special election to fill the balance of the unexpired term of that office. (b) If, however, there is only one council vacancy, the remaining members may function as the full council until the vacancy is filled for the remainder of the term at the next regular municipal election. (c) The mayor pro tem shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified. CHAPTER 2 Removal from Office Section 4-201. Occurrence of vacancies. Section 4-202. Recall elections. Section 4-203. Forfeiture of office; suspension. 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 disabled, forfeits the office, or is recalled as provided by this charter.

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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 shall be initiated upon a written request to that effect signed by at least 30 percent 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. The recall election shall be a special election under the Georgia Municipal Election Code. (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, he or she shall not be subject to recall for the remainder of that term. Section 4-203. Forfeiture of office; suspension. (a) The mayor, or any council member, shall forfeit his or her office and it shall be vacant: (1) 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, intentional violation of this charter or a felony; or (2) for failure at any time to possess any of the qualifications of office as provided by this charter or by general State law. (b) Whenever the mayor, or a council member, shall be indicted for a crime involving malfeasance or misfeasance in office, intentional violation of this charter or of a felony, that person shall be automatically suspended from office without pay until disposition of the charges against the person. Immediately thereafter, unless the person has been convicted, pleaded guilty or entered a plea of nolo contendere, the person shall be reinstated in office and shall receive all compensation withheld during the suspension. If

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the person is convicted, pleads guilty or enters a plea of nolo contendere, the person's office shall be vacant. ARTICLE V Administration Chapter 1. City Attorney Chapter 2. City Clerk Chapter 3. City Organization Chapter 4. Personnel Chapter 5. Boards and Commissions Chapter 6. Regulation of Conduct CHAPTER 1 City Attorney Section 5-101. Appointment and qualifications. Section 5-102. Duties and responsibilities. Section 5-101. Appointment and qualifications. There shall be a city attorney who shall be appointed and removed at the pleasure of the council. He or she shall be an active member of the State Bar of Georgia in good standing. Section 5-102. Duties and responsibilities. The city attorney shall be legal counsel to the city and perform any other duties as may be provided by ordinance. CHAPTER 2 City Clerk Section 5-201. Appointment and qualifications. Section 5-202. Duties and responsibilities. Section 5-201. Appointment and qualifications. There shall be a city clerk who shall be appointed and removed as provided in this charter for department heads. He or she shall be chosen solely on the basis of executive, administrative and managerial qualifications. Section 5-202. Duties and responsibilities. The city clerk shall be secretary to the council; keeper of official records and seal of the city; and shall perform any other duties as may be provided by this charter or ordinance.

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CHAPTER 3 City Organization Section 5-301. City departments and agencies. Section 5-302. Administrative reorganization. Section 5-301. City departments and agencies. Except as provided by this charter, the departments and agencies of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the city manager consistent therewith. The operations and responsibilities of 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 regulations consistent therewith. Section 5-302. Administrative reorganization. The council may, by an ordinance proposed by the city manager, organize, combine, consolidate, or discontinue any departments, agencies, or divisions of the city government as it may from time to time deem desirable consistent with this charter. CHAPTER 4 Personnel Section 5-401. Personnel system. Section 5-401. Personnel system. (a) The council shall establish by ordinance a personnel system for part of or all city employees and officials as it deems necessary or consistent with this charter. (b) This 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, vacations, sick leave, special workman's compensation 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.

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CHAPTER 5 Boards and Commissions Section 5-501. Authority to create. Section 5-502. Composition; appointment; bylaws; removal. Section 5-501. Authority to create. The council may, by ordinance, create commissions and boards which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings and preparing recommendations as to needed ordinances and resolutions and for any other purposes authorized. Section 5-502. Composition; appointment; bylaws; removal. (a) The council may, by ordinance, provide for the manner of appointment, makeup and composition of commissions and boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The council shall have the authority to annually appropriate money derived from taxation, contributions, or otherwise for and to these commissions and boards to provide for their operation, either in whole or in part. (b) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members. (d) Each board and commission may establish bylaws, rules and regulations, not inconsistent with this charter, ordinances, or applicable State law, as it deems appropriate and necessary for its internal organization, election of officers, and for the conduct of its affairs, copies of which shall be filed with the city clerk and approved by the council prior to their being effective.

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CHAPTER 6 Regulation of Conduct Section 5-601. Declaration of policy. Section 5-602. Conflict of interest. Section 5-603. Disclosure of interest. Section 5-604. Fair and equal treatment. Section 5-605. Future employment. Section 5-606. Use of public property. Section 5-607. Contracts voidable and rescindable. Section 5-608. Ineligibility of elected officials. Section 5-609. Political activities of certain officers and employees. Section 5-610. Participation in elections. Section 5-611. Penalties for violation. 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: (1) engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair independence of judgment or action in the performance of official duties; (2) engage in or accept private employment or render services for private interests when the employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of official duties;

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(3) disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged or is a member of without proper legal authorization, or use that information to advance the financial or other private interest of that person or others; (4) accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the person's knowledge is interested, directly or indirectly, in any manner whatsoever in business dealing with the governmental body he or she is a member of or by which he or she is engaged; provided, however, an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (5) represent private interests, other than his or her own, in any action or proceeding against the city or any portion of its government; or (6) vote or otherwise participate in the negotiation or the making of any contract with 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 be filed with the city clerk. Any member of the council who has or who knows another member has any personal or private interest, direct or 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. Fair and equal treatment. No elected or appointed officer or employee shall use that official position to secure or grant special consideration, treatment, advantage, privilege or exemption to any person beyond that which is available to every other person.

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Section 5-605. Future employment. No person who has served as an elected or appointed officer or employee of the city shall, within a period of one year after termination of that service or employment, appear for compensation before any agency of the city, or receive compensation for any services rendered in behalf of any private interests in relation to any case, proceeding or application with respect to which the person was directly concerned, or which was under the person's active consideration, or with respect to which knowledge or information was made available to the person during the period of service or employment. Section 5-606. 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 personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of the agency or entity. Section 5-607. 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 5-608. 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 he or she was elected. No former mayor and no former council member shall hold any employment or compensated appointive office in the city until one year after the expiration of the term for which the official was elected. Section 5-609. Political activities of certain officers and employees. No appointive officer or employee of the city shall continue in that employment or service upon qualifying as a candidate for nomination or election to any city elective office. Section 5-610. Participation in elections. No appointed officer or employee of the city shall in any manner contribute to any candidate for election to a municipal office of the city or participate in any election, primary or political contests for a municipal office of

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the city other than by exercising the right to vote, privately expressing political views, or by serving as election officials. Section 5-611. Penalties for violation. (a) Any city officer or employee who knowingly violates any lawful requirement of this charter shall be guilty of malfeasance in office or position and shall be guilty of a misdemeanor. (b) Any officer or employee of the city who violates (a) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of at least three years thereafter. (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 Chapter 2. Borrowing and Indebtedness Chapter 3. Fiscal Control Chapter 4. Purchasing, Contracting and Disposition of Property CHAPTER 1 Taxation and Other Revenue Section 6-101. Property tax. Section 6-102. Millage rate; due dates; payment methods. Section 6-103. Occupation and business taxes. Section 6-104. Licenses; permits; fees. Section 6-105. Service charges. Section 6-106. Special assessments. Section 6-107. Interpretation; other taxes. Section 6-108. Collection of delinquent taxes and fees. Section 6-109. Bonds; faithful performance. Section 6-101. Property tax. The council, by ordinance, 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 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 the principal and interest on general obligations; and for any other lawful public purpose as determined by the council in its discretion. Section 6-102. Millage rate; due dates; payment methods. (a) 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. (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. The council, by ordinance, shall have the power to levy any occupation or business taxes as are not denied by general State law. These taxes may be levied on both individuals, partnerships 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 callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in Section 6-108 of this Chapter. Section 6-104. Licenses; permits; fees. The 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 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 6-108. The council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitates.

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Section 6-105. Service charges. The council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary and 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 these services. If unpaid, these charges or fees shall be collected as provided in Section 6-108. Section 6-106. 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 any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in Section 6-108. Section 6-107. Interpretation; other taxes. This city shall be empowered to levy any other tax as may be authorized 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 govern its local affairs. Section 6-108. 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 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 executions 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. Section 6-109. 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.

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CHAPTER 2 Borrowing and Indebtedness Section 6-201. General obligation bonds. Section 6-202. Revenue bonds. Section 6-203. Short-term 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. 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 council 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 council may issue short-term notes as now or hereafter provided by general State law. CHAPTER 3 Fiscal Control Section 6-301. Municipal budget; preparation; submission. Section 6-302. Municipal appropriations ordinance. Section 6-303. Supplementary appropriations. Section 6-304. Appropriation for specific sums. Section 6-301. Municipal budget; preparation; submission. (a) The city manager 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 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, by ordinance, 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.

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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 appropriations 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 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 in effect when the supplementary appropriations ordinance was adopted and approved.

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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. Section 6-402. Purchasing procedures. Section 6-403. Sale 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 original of all contracts shall be maintained on file in the office of the city clerk. Section 6-402. Purchasing procedures. The council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. 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. Section 7-102. Chief judge; associate judges; appointment; compensation; oath. Section 7-103. Convening; rules of procedure; powers; punishments.

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Section 7-104. Appeals. Section 7-101. Creation; jurisdiction. There shall be a court of the city, to be known as The Municipal Court of Conyers, 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. (a) The municipal court shall be presided over by a chief judge and any 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 that person shall have attained the age of 21 years and shall be a member of the State Bar of Georgia and all judges shall be appointed or removed by a majority vote of all council members. (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 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. Section 7-103. Convening; rules of procedure; powers; punishments. (a) The municipal court shall convene at 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 Rockdale 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.

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(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 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, subpoenas and warrants which may be served and executed by any officer as authorized by ordinance or by general State law. (f) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and the city 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) Unless a lesser penalty is provided by ordinance, 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: (1) a fine not to exceed $200; (2) imprisonment in the city prison for a period of not more than 90 days; (3) commitment at labor upon the public works and streets of the city for a period of not more than 90 days; or (4) any one or all of these punishments when the facts of the case justify such punishments; (5) provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $50 or by imprisonment in the city prison for a period of time not exceeding 50 days or both. Section 7-104. Appeals. 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

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who fails to file an appeal within 10 days of the date of conviction shall be deemed to have waived the right. ARTICLE VIII General Provisions Section 8-101. Ordinances and regulations. Section 8-102. Contracts and obligations; proceeding. Section 8-103. Governing body defined. Section 8-104. Section captions; rules of construction. Section 8-105. City officers and employees. Section 8-106. Severability. Section 8-107. Referendum Section 8-108. Specific repealer. Section 8-109. General repealer. Section 8-101. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and 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; proceeding. (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 existing departmental organization of the city shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the council and administrative regulations consistent therewith.

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Section 8-103. Governing body defined. For the purpose of all laws requiring action of the governing body of the City of Conyers, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 8-104. Section captions; rules of construction. (a) The captions of the several Sections of this charter are informative only and are not to be construed as a part thereof. (b) The word shall in this charter is intended to be mandatory and the word may is not. (c) In the construction of this charter, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the adopting body: (1) City. The words the city or this city shall mean the City of Conyers, Georgia. (2) County. The words the county or this county shall mean the County of Rockdale, Georgia. (3) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. (4) Number. Words used in the singular include the plural, and the plural includes the singular number. (5) Or, and. Or may be read and. and and may be read or if the sense requires it. (6) Other officials or officers. Whenever reference is made to officials, boards, commissions or departments by title only, i.e., city clerk, city council, chief of police, they shall be deemed to refer to the officials, boards, commissions and departments of the City of Conyers, Georgia. (7) Person. The word person shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.

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(8) State. The words the State or this State shall be construed to mean the State of Georgia. (9) Street. The word street shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city and shall embrace all parts thereof constituting the designated right-of-way. Section 8-105. City officers and employees. All elected or appointed officers and employees of the city immediately prior to the adoption of this Act shall continue in their positions until the end of their terms of office or if no term is provided then as otherwise provided by this charter or ordinance. Section 8-106. Severability. If any provisions of this charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable. Section 8-107. 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 election superintendent of the City of Conyers to issue the call for an election for the purpose of submitting this Act to the electors of the City of Conyers 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 Rockdale County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act creating a new charter for the City of Conyers 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.

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The expense of such election shall be borne by the City of Conyers. 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 8-108. Specific repealer. All Acts or portions of Acts creating, reenacting or amending any and all charters of the City of Conyers are hereby repealed including, but not limited to, Ga. Laws 1853-4, p. 259; 1857, p. 171; 1870, p. 184; 1880-1, p. 373; 1886-7, p. 576; 1889, p. 1287; 1890-1, p. 693; 1893, pp. 200 and 421; 1895, p. 190; 1900, p. 271; 1911, p. 977; 1912, p. 779; 1916, p. 656; 1920, p. 877; 1921, p. 851; 1939, p. 918; 1955, p. 2531; 1956, pp. 2430, 2752 and 2907; 1960, p. 2028; and 1970, p. 2719. Section 8-109. General repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to provide a new charter for the City of Conyers; to provide for all things related thereto; to provide for a referendum; to repeal conflicting laws; and for other purposes. This 6th day of January, 1978. /s/ 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/she 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

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which is the official organ of Rockdale County, on the following dates: January 12, 1978, January 19, 1978, and January 26, 1978. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. SUNDAY SALES OF INTOXICATING BEVERAGES ACT IN CERTAIN COUNTIES AMENDED (200,000-600,000). No. 1079 (House Bill No. 1945). AN ACT To amend an Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties, approved March 5, 1976 (Ga. Laws 1976, p. 2809), so as to change the times during which such beverages may be sold; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act authorizing the sale of malt beverages, wine, or alcoholic beverages by the drink on Sundays in certain counties, approved March 5, 1976 (Ga. Laws 1976, p. 2809), is hereby amended by striking from Section 1 the following: from 4:00 p.m. until midnight,

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and inserting in lieu thereof the following: from 12:30 p.m. until midnight, so that when so amended, said Section shall read as follows: Section 1. Any person otherwise authorized to sell malt beverages, wine, or alcoholic beverages by the drink under the laws of this State and the applicable ordinances of the counties of this State having a population of not less than 200,000 and not more than 600,000, according to the United States Decennial Census of 1970, or any future such census, shall be authorized to sell and serve malt beverages, wine, and alcoholic beverages by the drink from 12:30 p.m. until midnight on Sundays in each such county in any licensed establishment which derives at least 50% of its total annual gross food and beverage sales from the sale of prepared meals or food in all of the combined retail outlets of the individual establishment where food is served and in any licensed establishment which derives at least 50% of its total annual gross income from the rental of rooms for overnight lodging. 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 16, 1978.

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BACON COUNTYDEPUTY SHERIFFS, ETC. No. 1080 (House Bill No. 1969). 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. Laws 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2330) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3361), so as to authorize the sheriff to appoint three deputies; to provide that Bacon County shall furnish not less than four automobiles to the sheriff and his deputies; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, approved June 30, 1964 (Ga. Laws 1964, Ex. Sess., p. 2213), as amended, particularly by an Act approved March 29, 1973 (Ga. Laws 1973, p. 2330) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3361), is hereby amended by striking the word two in the first sentence of Section 4 and inserting in lieu thereof the word three, so that Section 4, when so amended, shall read as follows: Section 4. The Sheriff of Bacon County shall have the sole power and authority to appoint three 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 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

Page 3906

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 2. Said Act is further amended by striking the word three in the first sentence of Section 6 and inserting in lieu thereof the word four, so that Section 6, when so amended, shall read as follows: Section 6. Bacon County shall furnish not less than four automobiles to the sheriff and his deputies, which automobiles shall be the property of Bacon County. Such automobiles shall be used for official business, and the gas, oil and upkeep of said automobiles shall be paid from the funds of Bacon County. The expenses of the office of the sheriff, such as desks, paper, supplies, bullets, radio equipment, stamps, uniforms, advertising and telephones, shall be furnished and paid for from the funds of Bacon County. Other usual incidentals of the sheriff's office must be approved by the governing authority of Bacon County. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 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. Laws 1964, Ex. Sess. p. 2213), as amended and for other purposes. This second day of February, 1978. /s/ Bobby A. Wheeler Representative, 152nd District

Page 3907

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/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Bobby A, Wheeler Representative, 152nd District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978. ROCKDALE COUNTYMAGISTRATE'S COURT. No. 1081 (House Bill No. 1980). AN ACT To create and establish for and in the County of Rockdale a court to be known as the Magistrate's Court of Rockdale County; to define the jurisdiction of said court; to provide for a judge of said court and his appointment, term, compensation, qualifications and the manner of filling vacancies in said office; to provide for a clerk

Page 3908

of said court, his duties, qualifications, term, compensation and bond; to provide for an acting magistrate to act as judge of said court in the absence or disability of the judge thereof; to provide for an oath to be administered to the judge and clerk of said court; to provide the terms and place of holding said court; to authorize, define and limit the power of said court to impose fines, punishment and imprisonment of persons convicted of offenses within the jurisdiction of said court; to provide for punishment for contempt of said court and for escapes by persons serving sentences imposed by said court; to provide the method of reduction and review of sentence imposed by said court; to fix the costs assessable in said court and to provide for the issuance of executions for the collection of fines, costs and forfeitures in said court; to provide for the issuance of summons and subpoenas by said court; to provide for the disposition of fines, costs and forfeitures collected by said court; to prescribe the rights of persons accused in said court; to authorize the making of arrests, the taking of bonds, and cash deposits in lieu of bonds, and for the forfeiture of same; to provide that the judge of said court shall be to all intents and purposes a justice of the peace so far as to authorize him to issue warrants and to commit persons to bail or jail for offenses against the laws of this State; to provide for limitations of prosecutions in said court; to provide for levy and sale under executions issued by said court; to require the Sheriff of Rockdale County to receive and take charge of prisoners sentenced by said court to imprisonment in the county jail and to prescribe penalties for his refusal; to authorize the expenditure of public funds for any of the purposes of this Act; to provide for the designation of the Sheriff of Rockdale County and certain deputies of the Rockdale County Sheriff's Department as ex officio constables; to confer upon said court all general powers heretofore or hereafter granted to any other police or magistrate's court in this State except traffic offenses; to confer upon the Board of Commissioners of Rockdale County authority to pass any and all ordinances, rules and regulations necessary to carry out the provisions of this Act; to create and establish a Small Claims Division of the Magistrate's Court of Rockdale County; to prescribe the jurisdiction of said division; to prescribe the pleading and practice in said division; to provide for the judge of said division; to provide for clerks of and for said division and for their duties and compensation; to provide for a bailiff of and for said division and for his duties; to provide for the service of summons of said division; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the

Page 3909

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 validating the acts of said division and the proceedings therein; to provide for retirement and filling vacancies; to provide for the operating fund for said court; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Magistrate's Court Created. There is hereby created and established for and in the County of Rockdale a magistrate's court to be known as the Magistrate's Court of Rockdale County. Section 2. Jurisdiction. (a) Said magistrate's court shall have jurisdiction to hear and determine cases involving violation of all county ordinances and regulations and to try and dispose of all offenses and offenders against any ordinance adopted by the governing authority of said county. (b) 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 where under the law subject matter jurisdiction is conferred upon justices of the peace and justice courts, and as to the amount involved therein, the jurisdiction thereover shall extend to all cases wherein the principal amount shall be $2,000.00 or less. All proceedings and procedures, including but not limited to 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. (c) The court and the judge shall also have jurisdiction and power to conduct trials, 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 magistrate's court as provided in that Section and upon defendants charged with violating the laws

Page 3910

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. Laws 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 Rockdale. (d) 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. (e) This court shall have like powers of jurisdiction in regard to any ordinance, law or regulation adopted by the Board of Commissioners of Rockdale County, if and when said board may be empowered to adopt such ordinance, laws or regulations. (f) Jurisdiction of this court shall not extend to nor include those offenses related to traffic upon the public roads, streets, and highways of this State as defined under the provisions of an Act known as the Uniform Act Regulating Traffic on Highways, approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as now or hereafter amended; or as defined in Code Title 68A, relating to Uniform Rules of the Road, as now or hereafter amended; or as defined in Code Title 68B, known as the Driver's Licensing Act, as now or hereafter amended; or as defined in an Act creating a Department of Public Safety, approved March 19, 1937 (Ga. Laws 1937, p. 322), as now or hereafter amended; all of which shall remain as now vested in the Probate Court or Probate Judge of Rockdale County. (g) Said court shall have such other and further jurisdiction as is hereinafter set forth, and as may from time to time hereafter be granted by law. Section 3. Limitations of Prosecution. All prosecutions for violation of any county ordinances or regulations shall be commenced within one year next after commission of the offense, and at no time thereafter, except that such period of limitations shall not run so long as the offender or offense is unknown and shall be suspended

Page 3911

during such time as such offender may abscond from said county or absent himself therefrom or so conceal himself that he cannot be arrested or summoned to appear before said court. The arrest or service of summons on any such person charging him with such offense shall be deemed the commencement of prosecution for the purpose of this Section. Section 4. Magistrate Ex Officio Justice of the Peace; Warrants; Commitments. The Judge of the Magistrate's Court of Rockdale County 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 Rockdale County, either with or without a hearing, which warrants shall be directed to the Sheriff of Rockdale County and his deputies 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 such warrants. Said judge as ex officio justice of the peace shall have the power and authority to commit to the jail of Rockdale County offenders against the laws of the State of Georgia and in bailable cases to admit them to bail for their appearance at the next term of a court of competent jurisdiction to be held in and for the County of Rockdale. Said judge may issue such warrants and commit or admit to bail such persons, all without regard to whether or not such offense is alleged to have been committed within or without the corporate limits of any municipality within Rockdale County. Section 5. Judge; Appointment; Term, Vacancies. The judge of said magistrate's court shall be appointed by the Board of Commissioners of Rockdale County within 30 days after the effective date of this Act, and the first judge so appointed shall serve for a term ending December 31, 1979, and until his successor is appointed and qualified. All judges appointed for terms following the first as hereinabove prescribed shall be appointed by said board for terms of two years and until their successors are appointed and qualified. All vacancies occurring in such office shall be filled in like manner for the remainder of the unexpired term. Section 6. Qualifications of Judge. The judge of said court shall be at least 25 years of age, a resident of Rockdale County at least two years immediately preceding his appointment, and must have actively practiced law for at least three years in this State immediately before taking office. For the purpose of this Act, a resident of

Page 3912

Rockdale County shall include only those qualified members of the State Bar of Georgia who have steadily maintained a permanent residence in said county as distinguished from a temporary residence, vacation home, summer home, camp, retreat or the like. Such person shall further be a citizen and taxpayer of Rockdale County, and he shall be ineligible to hold any other public office. Said judge may engage in the practice of law in any court of this State or of the United States during his term of office except the Magistrate's Court of Rockdale County. Section 7. Judge's Compensation. The Board of Commissioners of Rockdale County shall fix the compensation of said judge, but the same shall be not less than $12,000.00 per annum. Section 8. Clerk; Duties and Bond. Said board of commissioners is further authorized and directed to elect a clerk of said magistrate's court, whose duty it shall be to keep a record of all proceedings of said court, to collect all costs, fines and forfeitures, and to remit same within 72 hours to the Director of Finance of Rockdale County or such other person as may be designated by the governing authority of Rockdale County, for deposit in the county depository, as general funds of Rockdale County. Said clerk shall further be authorized and empowered to issue summons, subpoenas, rules to forfeit bonds, and such other similar writs as may be by law authorized. Said clerk shall give bond to Rockdale County in the sum of $10,000.00 for the faithful performance of his duties and accounting for all funds coming into his possession by virtue of his office, and to insure the county against loss of any such funds. Said board may elect a sufficient number of deputy clerks as may be needed, who shall give bond in like manner as the clerk. Section 9. Qualification and Term of Clerk. Said clerk and all deputy clerks shall be at least 25 years of age, shall have been a resident of Rockdale County for at least two years, shall be a citizen and taxpayer of Rockdale County and of good moral character. Said clerk and such deputy clerks shall serve at the pleasure of the Board of Commissioners of Rockdale County. Section 10. Clerk's Compensation. The clerk and deputy clerks of said magistrate's court shall be paid a salary to be fixed by the Board of Commissioners of Rockdale County.

Page 3913

Section 11. Oath of Judge and Clerk. The judge and clerk of said magistrate's court shall, prior to entry upon their duties, take an oath to faithfully administer and discharge the duties of their respective offices in accordance with the Constitution and laws of the State of Georgia and the ordinances of Rockdale County. Section 12. Terms and Place of Holding Magistrate's Court. Said magistrate's court shall be held in the county seat and shall be held at such regular or special terms as may be designated by the judge thereof, and to be no less than twice each month, and at such hour or hours of the day or evening as shall be fixed by the judge. Section 13. Acting Magistrate. The judge of said magistrate's court shall have the authority to designate a practicing attorney having the qualifications herein established for the judge of said court, as acting magistrate to serve in his place during his absence or disability, and if the judge of said court should fail to do so after being absent or disabled for a period of seven days or more, the Board of Commissioners of Rockdale County, by majority vote, may designate an acting magistrate to serve in his place, the compensation of such acting magistrate to be fixed by said board of commissioners. In the event said magistrate absents himself from the duties of his office unjustifiably and for an unreasonable period of time to be adjudged of by the board of commissioners, said board may in its discretion reduce the compensation payable to said magistrate by an amount sufficient to pay the compensation of such acting magistrate. Any such acting magistrate, while so serving, shall have the same power and authority herein vested in the judge of said magistrate's court. Section 14. Fines and Punishment. Upon conviction of violation of any of the ordinances, rules or regulations set forth by the governing authority of Rockdale County, the magistrate or judge of said court may punish such offender by imposing a fine not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed the sum of $200.00 for any single offense, by imprisonment in the county jail for a period not in excess of that prescribed by the ordinance or regulation violated and in no event to exceed 30 days for any single offense, or by any one or more of these punishments in the discretion of the judge of said magistrate's court. The Sheriff of Rockdale County shall receive, confine, feed and care for prisoners sentenced by said magistrate's court to imprisonment

Page 3914

in the county jail in the same manner as persons charged with an indictable offense under general laws of this State and subject to the same penalties for his refusal to receive and take charge of such persons, except that prisoners received under sentence from said magistrate's court may be continued separately and apart from other classes of inmates of said jail as the sheriff may, in his discretion, provide and as general laws may require. Section 15. Alternative Sentences. Said magistrate's court shall have the power and authority to impose fines on persons convicted of any offense within the jurisdiction of said court with the alternative of imposing other punishment allowed by law in case said fines are not paid, and to commit prisoners to the Rockdale County jail. Section 16. Sentence; Reduction and Review. The judge of said magistrate's court shall have the authority to reduce any sentence or fine imposed by him prior to the payment of said fine and execution of said sentence but shall not have the right to grant a new trial. Review of any final order or judgment of said magistrate's court shall be by certiorari to the Superior Court of Rockdale County in the manner prescribed by law for certiorari from justice courts and a supersedeas may be obtained by compliance with the procedure set forth in Section 19-214 of the Georgia Code and the giving of bond as provided therein, which bond shall be made to Rockdale County. Section 17. Contempt. The judge of said magistrate's court shall have the power to punish for contempt by fine not exceeding $200.00, imprisonment in the county jail not exceeding ten days, either or both, or any part thereof, in the discretion of said judge. Section 18. Executions for Fines. Execution may issue immediately, where any fine is imposed by the judge of said magistrate's court, to be levied upon the goods, chattels, lands and tenements of the person fined, if the fine is not immediately paid, which execution shall bear teste in the name of the judge of said court, be signed by the clerk of said court and be directed to the Sheriff of Rockdale County, and to all and singular the sheriffs, deputy sheriffs and constables of the State of Georgia. The Sheriff of Rockdale County and such deputies of the Sheriff's Department as may be appointed in writing by said sheriff, not to exceed five in number, shall be ex

Page 3915

officio constables for the purpose of levy and sale under all executions issued pursuant to this Act, and such executions shall be levied and sales thereunder conducted and proceeds thereof distributed in accordance with the laws governing levy and sale in justice of the peace courts of this State, except that the judge of said magistrate's court shall be deemed to be ex officio justice of the peace in whose court all such levies and sales shall proceed, and said magistrate shall be empowered to hear and dispose of all questions and claims arising therefrom, whether the same are made by said chief of police, ex officio constables or other officers to whom such executions are directed. Section 19. Costs. In each case of conviction in said magistrate's court, the costs assessable shall be $5.00. Costs shall go into the general fund of the county for general county purposes. Section 20. Peace Officers' Annuity and Benefit Fund. All fines and forfeitures collected in said magistrate's court shall be subject to assessment in the amount prescribed by law for contribution to the Peace Officers' Annuity and Benefit Fund as in cases tried in municipal courts of this State. Section 21. Rights of Accused. Any person charged with an offense against any ordinance, rule or regulation of said county shall be informed by summons in writing served on him of the nature of the course of his accusation, shall have compulsory process for obtaining witnesses in his behalf, shall have a speedy trial before the judge of said magistrate's court, shall be confronted with the witnesses against him and have the privilege of cross-examination, as in the superior courts of this State, and shall have the privilege of defending himself, by counsel or by himself, or both, as to him shall seem proper. No one shall be fined or punished without full opportunity of being heard in his own defense. Section 22. Issuance of Summons. Upon information known to or complaint lodged with the sheriff or any deputy of Rockdale County, Georgia, or the judge or clerk of said magistrate's court any person within the limits of Rockdale County charged with the violation of any ordinance, resolution, rule or regulation of said county within the jurisdiction of said court may be brought before the said magistrate's court to answer said charge by service upon said person of a summons from said court setting forth the nature of the charge

Page 3916

and the time and place of the hearing. Said summons shall be signed by the judge, clerk, sheriff or deputy sheriff issuing same and a copy thereof shall be served upon the accused either personally or by leaving the copy at his place of residence. Section 23. Issuance of Subpoenas. Said court shall have the authority to compel the attendance before any of its sessions of witnesses within the limits of Rockdale County by service upon such witnesses of a subpoena from said court directed to the witness, stating the time and place of trial and the parties to the case and which shall be served upon said witness either personally or by leaving the copy at his place of residence. Section 24. Punishment for Contempt in Failing to Answer Summons or Subpoena. Said court shall have power to punish as for contempt of court any person failing or refusing to obey any summons or subpoena served upon him as provided in the preceding Sections, within the limits hereinbefore prescribed for punishment for contempt. The cause may be continued to such time as the judge may direct and the court shall issue an order requiring the sheriff or deputy sheriffs of Rockdale County to arrest the offender and bring him before the court to answer the contempt and it shall be the duty of such officer to arrest such person and to keep such person in custody until he is brought before the court unless he gives bond for his appearance at the time appointed for further hearing, as provided by law. Section 25. Facsimile Signature. The name of the clerk of said magistrate's court, required on subpoenas and other papers, may be printed or stamped on such papers, which shall be in compliance with law and shall have the same force and effect as if written thereon by the clerk. Section 26. Arrests; Bonds and Forfeiture. When an arrest is made for the violation of any county ordinance, resolution, rule or regulation whether under a warrant or not, the arresting officer shall carry the person arrested before said magistrate's court where the same shall be disposed of as other cases of arrest not under warrant. Provided, however, that any arresting officer shall have authority to release any person arrested for violation of any ordinance of said county upon such person giving a bond payable to Rockdale County in an amount and surety to be approved by the Sheriff of

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Rockdale County or as directed by the judge of said magistrate's court, conditioned for the appearance of such person before the magistrate's court at the time and place specified in said bond and from time to time until he or she shall have been tried for the offense for which charged. Upon the failure of the appearance of any person so released under bond to appear for trial at the time named therein, such bond shall be forfeited and a rule shall be issued by the clerk of said magistrate's court requiring such person or the surety upon such bond to show cause before said court, at a time not less than ten days from the date of such rule, why such bond should not be absolutely forfeited. Such rule shall be served by any officer authorized to serve summons and subpoenas of said court upon the surety or sureties on such bond at least five days before the return day thereof, and such service may be made personally or by mailing a written notice by registered or certified mail to such person or persons at their last known address. At the return time if no good and sufficient cause is shown, the judge shall proceed to forfeit said bond absolutely, and execution shall issue for the full amount thereof, and all costs against the principal and surety thereon or such of them as shall have been served. Such executions shall be delivered by the clerk of the said magistrate's court to the Sheriff of Rockdale County for collection as in cases of executions for fines. Section 27. Cash Deposit in Lieu of Bond. When an arrest is made for the violation of any county ordinance, regulation, rule or resolution, the party arrested, at his sole discretion, may deposit with the Sheriff of Rockdale County a sum of money to insure his appearance in said magistrate's court for trial, said deposit to be in lieu of bond and not to be less than $50.00 or more than $200.00; and said party shall be released as if bond had been given. Where such cash deposit has been made in lieu of bond and the person making such deposit shall fail to appear before said court at the time appointed, said sum of money shall be forfeited by the owner thereof and paid over by the Sheriff of Rockdale County to the county depository as general funds of said county, without necessity of any further notice or proceedings. Section 28. Acceptance of Forfeiture in Lieu of Fine. In all cases of forfeiture of bonds or cash deposits in lieu of bond, the judge of the magistrate's court shall be authorized, in his discretion, to accept the payment of such forfeitures in lieu of fines, and as

Page 3918

final disposition of said charges. If the same is not so accepted, such forfeitures shall not be a bar to further proceedings against such offenders for the violations charged. Section 29. General Powers of Court. Said magistrate's court is hereby granted all general powers heretofore or hereafter granted by any Act of the General Assembly of Georgia to any police or magistrate's court in this State, municipal or otherwise. Section 30. General Powers of Board. The Board of Commissioners of Rockdale County shall have the full power and authority to pass any and all ordinances, rules and regulations necessary and proper to carry out the provisions of this Act and to expend any public funds for such purposes. Section 31. Small Claims. (a) There is hereby created and established a Small Claims Division of the Magistrate's Court of Rockdale County. Said division 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. (b) The judge of the magistrate's court shall serve as judge of the Small Claims Division. (c) The clerk of the magistrate's court shall serve as clerk of the Small Claims Division. (d) (1) Actions in the Small Claims Division 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.

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(2) 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 Division, 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 division for that purpose. (3) 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 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. (4) 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. (5) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (6) 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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(e) A docket shall be maintained in which every proceeding and ruling had in each case shall be indicated. (f) (1) The plaintiff, when he files his claim, shall deposit the sum of $20.00 with the court, which shall cover all costs of the proceeding, including the cost of service of the notice. The deposit of cost in cases of attachment, garnishment or trover shall be $20.00. 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. (2) 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 Division, the levying officer shall forthwith return the same to said division of the magistrate's court, and the issues raised by such claim affidavit shall be heard and determined by the judge of said Small Claims Division. 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. (g) (1) 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. (2) 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. (3) 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

Page 3921

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. (h) 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 division, he may use a part thereof to offset the claim of the plaintiff. (i) 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. (j) The judge of said Small Claims Division 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. (k) The Judge of the Magistrate's Court of Rockdale 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. (l) The Sheriff of Rockdale County and his deputies shall serve summons, make levies and sales, and serve as bailiffs of said Small Claims Division. (m) A judgment of said Small Claims Division 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

Page 3922

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. (n) Appeals may be had from judgments returned in the Small Claims Division of the Magistrate's Court of Rockdale County 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 Division to the superior court, the same to be a de novo appeal. (o) 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 Division of the Magistrate's Court of Rockdale County

Page 3923

Page 3924

(p) 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. (q) Said Small Claims Division 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. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, but no judgment shall be rendered against a garnishee before a final judgment shall have first been rendered against the defendant. (r) A summons of garnishment may be served by the sheriff or his deputies or by a lawful constable. Whenever service is made in

Page 3925

peson 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, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. (s) 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 Division. 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 32. Operations; Funds. Funds for operation of court shall be paid out of the general funds of Rockdale County. All expenses necessary for the efficient operation of said court including, but not limited to, the salary of the judge and solicitor, salaries of clerical assistants, salaries of the court reporter when authorized by the judge of said court, supplies, materials, furniture, furnishings, equipment, and any other expenditure necessary or needful for carrying into effect and maintaining this court shall be paid by the governing authority of Rockdale County. Section 33. Severability. In the event any provision of this Act shall be held illegal, void or unconstitutional, the same shall not vitiate the remaining provisions of said Act, but all such provisions not held illegal, void or unconstitutional, shall remain in full force and effect. Section 34. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create the Magistrate's Court of Rockdale County; to provide for the judge of said court; to provide for his compensation, election, powers, duties and responsibilities; to provide for the jurisdiction of said court; to provide for all other matters relative thereto; and for other purposes. This 18th day of January, 1978. /s/ Clarence R. Vaughn, Jr. Representative, 57th District

Page 3926

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/she 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: January 19, 1978, January 26, 1978 and February 2, 1978. /s/ Clarence R. Vaughn, Jr. Representative, 57th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 13, 1978. CITY OF ALPHARETTACORPORATE LIMITS. No. 1083 (Senate Bill No. 600). AN ACT To amend an Act creating a new charter for the City of Alpharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, so as to de-annex certain property belonging to Fulton County, Georgia, and located within the city limits of

Page 3927

Alpharetta, Georgia; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Alpharetta, Georgia, approved March 3, 1961 (Ga. Laws 1961, p. 2127), as amended, is hereby amended by de-annexing the following described property, same being located in the City of Alpharetta, Georgia, and belonging to Fulton County, Georgia: All that tract or parcel of land lying in, or being in Land Lot 647 and the City of Alpharetta in the 1st District, 2nd Section of formerly Milton County, now Fulton County, Georgia, being more particularly described as follows: Beginning at an iron pin at the common corner of Land Lots 647, 648, 693 and 694 running thence northerly along the east line of Land Lot 647 a distance of 1269.13 feet to an iron pin; running thence westerly a distance of 679.25 feet to an iron pin; running thence northerly a distance of 225.28 feet to an iron pin on the south right-of-way line of Marietta Street, also known as Rucker Road; running thence westerly along the south right-of-way line of said Marietta Street a distance of 490.0 feet to a point; running thence south-easterly along the present City Limits line a distance of 1690.0 feet to a point on the south line of Land Lot 647; running thence easterly along said land lot line a distance of 385.0 feet to an iron pin and the point of beginning. The above described parcel of land contains 26 acres, more or less. Above description is taken from plat on file in the office of Fulton County Department of Parks and Recreation. Said charter is hereby amended by declaring that said above described property is hereby de-annexed from said City. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 3928

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the next January, 1978 session of the General Assembly of Georgia, a bill to amend the act creating a new charter for the City of Alpharetta, Georgia, as approved March 3, 1961, and acts amendatory thereof by de-annexing all that tract or parcel of land lying and being in Land Lot 647 of the 1st District, 2nd Section, of formerly Milton, now Fulton County, Georgia, and being more particularly described as being all of the land owned by Fulton County that lies within Wills Park which is now in the City of Alpharetta. /s/ Randall Moore, Mayor City of Alpharetta, Georgia Spence, Garrett Spence City Attorneys 31 North Main Street P. O. Box 483 Alpharetta, Georgia 30201 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 County, on the following dates: December 29, 1977, January 5, 1978 and January 12, 1978. /s/ Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 10th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 16, 1978.

Page 3929

SALARIES AND EXPENSES OF MEMBERS OF BOARDS OF EDUCATION IN CERTAIN COUNTIES (600,000 OR MORE)PRIOR ACT REPEALED (300,000 OR MORE). No. 1084 (Senate Bill No. 609). AN ACT To provide for the salary and expenses of members of the board of education and the president of such board in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to repeal a specific Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Members of the county board of education in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census may be paid a salary of $200.00 per month each, and the president of the board of education in any such county may be paid a salary of $300.00 per month. All such members and said president may be reimbursed for actual and necessary expenses incurred by them in carrying out their official duties. The salaries and expenses provided for herein may be paid from any funds available to any such county board of education. Section 2. An Act fixing the compensation of the president and members of boards of education in all counties of above 300,000 population, approved March 17, 1960 (Ga. Laws 1960, p. 2800), is hereby repealed in its entirety. Section 3. This Act shall become effective on May 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 16, 1978.

Page 3930

FAYETTE COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1085 (Senate Bill No. 633). AN ACT To amend an Act creating the office of Tax Commissioner of Fayette County, approved January 26, 1956 (Ga. Laws 1956, p. 2022), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3214), so as to change the compensation of the tax commissioner; to provide for longevity increases; 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 office of Tax Commissioner of Fayette County, approved January 26, 1956 (Ga. Laws 1956, p. 2022), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3214), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The Tax Commissioner of Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Tax Commissioner of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the tax commissioner shall be increased by 5% of the salary of the tax commissioner received during the immediately preceding calendar year; provided that if the tax commissioner receives any annual or periodic increase

Page 3931

in compensation under the provision of any general law of this State an amount equal to the amount received under such general law as an annual or periodic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the tax commissioner under the provisions of this Section. The provisions of this Section shall not be construed as prohibiting the tax commissioner from receiving any annual or periodic increase authorized by any general law of this State. (b) The Tax Commissioner of Fayette County shall have the authority to employ such clerks and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. Such clerks and other personnel shall be compensated in an amount to be determined by the governing authority of Fayette County. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments, and requisites 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. Laws 1955, p. 659), as amended, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue Department, and an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due, according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. Section 2. This Act shall become effective on May 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to change the compensation of the Tax Commissioner of Fayette County, to repeal conflicting laws and for other purposes. Publisher's Affidavit.

Page 3932

Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 16, 1978. CITY OF GREENSBORONEW CHARTER. No. 1086 (Senate Bill No. 645). AN ACT To provide a new charter for the City of Greensboro; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council; to provide for inquiries and investigations; to provide for organization

Page 3933

and procedures; to provide for ordinances; to provide for codes; to provide for the office of mayor and the office of mayor pro tem; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city attorney, a city clerk/treasurer and other personnel; to provide for a recorder's court and jurisdiction and powers of such recorder's court and the judge thereof; to provide for practices and procedures; to provide for elections; to provide for removal; to provide for taxation and fees; to provide for franchises, service charges and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting procedures and property management; to provide for eminent domain; to provide for penalties; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal an Act incorporating the City of Greensboro in the County of Greene, approved March 20, 1939 (Ga. Laws 1939, p. 1070), as amended; 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 Greensboro, repealing and replacing the charter provided by an Act of the General Assembly, approved March 20, 1939 (Ga. Laws 1939, p. 1070) and all amendments thereto. The City of Greensboro, Georgia, in the County of Greene and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Greensboro, 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 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 current boundaries of the city, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be:

Page 3934

Official Map (or Description) of the Corporate Limits of the City of Greensboro, Georgia. 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 or maps which it is designated to replace. Section 1.12. Powers and Construction. (a) The City of Greensboro 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, including all powers of self-government not specifically prohibited by general law or local Act of the General Assembly and including all powers enumerated in Section 1.14 of 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 exercised as provided by this charter, by ordinance or by pertinent laws of this State. Section 1.14. Enumeration of Powers. The corporate powers of this city may include but are not limited to 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;

Page 3935

(3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) to condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, 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 not to exceed periods of 35 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission;

Page 3936

(10) to lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts, for the use of public utilities; (12) to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) to provide for the prevention and punishment of drunkeness, riots and public disturbances; (16) to regulate or prohibit junk dealers; pawnshops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use

Page 3937

of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever by taxation or otherwise; (18) to license, tax or regulate professional fortunetelling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (20) to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (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 and 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;

Page 3938

(25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) to levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge fee of sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or

Page 3939

on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) to regulate and license, or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (35) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) to provide and maintain a system of pensions and retirement for officers and employees of the city; (38) to levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor;

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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; (45) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia.

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ARTICLE II STRUCTURE OF GOVERNMENT 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 five councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms of and Qualifications for Office. The mayor and councilmembers 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 councilmember unless he or she shall have been a resident of this city for twelve months immediately preceding the election of mayor or councilmembers; each shall continue to reside therein during said 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) Vacancies. The office of mayor or councilmember 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 this State. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember 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 compensation of each councilmember in office on the effective date of this charter shall be three hundred dollars per annum. The mayor in office on the effective date of this charter shall be compensated in the amount of six hundred dollars per annum. Thereafter, the mayor and councilmembers shall receive compensation for their services in an amount established by ordinance, provided that any action to increase the compensation of members of the governing authority of the city shall be taken in accordance with the requirements of general State law. In addition, the mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in

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the performance of their duties of office in the manner provided by ordinance. Section 2.14. Prohibitions. (a) 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: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair independence of judgment or action in the performance of his or her official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest.

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(b) 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 the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself 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 entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 city council or the governing body of such agency or entity. (d) Contracts Voidable and Rescindable. Any violation of this Section 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 the city council. (e) Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected. (f) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for election to any public office.

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(g) Penalties for Violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this Section shall be guilty of malfeasance in office or position and upon conviction therefor shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and Investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department 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 city council shall be punished as provided by ordinance. Section 2.16. 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. Organization and Procedures Section 2.20. Organization Meeting. The city council shall meet for organization on the first Monday after the election of mayor and councilmembers, or as soon thereafter as may be practicable. 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 an officer authorized by law to administer oaths, as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmembers) of the City of Greensboro 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 2.21. 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 three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least forty-eight hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general State law and notice to the public of special meetings shall be made seven days prior to such meeting. Section 2.22. Rules of Procedure. The city council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.23. Quorum: Voting. The mayor or mayor pro tem and three councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances or resolutions 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 a majority of the councilmembers present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor or mayor pro tem, if presiding, shall be entitled to vote only in the case of a tie. Section 2.24. 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 Greensboro hereby ordains... and every ordinance shall so begin.

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(b) An ordinance may be introduced by any councilmember 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 2.26. Section 2.25. 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. Section 2.26. Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene 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 councilmembers 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 2.27. 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 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.

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(b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.28. Signing; Authenticating; Codification; Printing. (a) The city clerk shall authenticate by his or her signature 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 Greensboro, Georgia. Copies of the code shall be furnished to all offices and departments of the city and made available for inspection by the public at the city hall. Copies of the code shall be 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. Office of Mayor Section 2.30. Election; Forfeiture; Compensation. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. He or she shall be a qualified elector of this city and shall have been a resident of this city for twelve months immediately preceding the election of mayor. The mayor shall continue

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to reside in this city during said period of service. He or she shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.31. Chief Executive Officer; Delegation of Powers. The mayor shall be the chief executive of this city. The mayor 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, except as otherwise specifically provided herein. The mayor shall have the authority to delegate any one or more executive or administrative powers to a person or persons, employed by the city and qualified in management and administration. Section 2.32. 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, for cause, with confirmation of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (c) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (d) prepare and submit to the council a recommended annual operating budget and recommended capital budget; (e) submit to the council at least once a year a statement covering the financial conditions of the city and from time to time such other information as the city council may request; (f) preside over all meetings of the city council; (g) call special meetings of the city council as provided for in Section 2.21;

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(h) participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (i) recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (j) approve or disapprove ordinances as provided in Section 2.33; (k) require any department or agency of the city to submit written reports whenever he or she deems it expedient; (l) sign as a matter of course all written contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (m) perform such other duties as may be required by general State law, this charter or ordinance. Section 2.33. Submission of Ordinances to the Mayor; Veto Power. (1) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (2) The mayor, within fourteen calendar days of receipt of an ordinance, shall return it to the city clerk with or without his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the city clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the fourteenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council through the city clerk a written statement of the reasons for the veto. The city 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 city clerk to the city council at its next meeting and should the city council then or at its next general meeting adopt the ordinance by an affirmative vote of the entire council, it shall become law.

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(4) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided herein. The reduced part or parts shall be presented to the city council as though disapproved and shall become law unless overridden by the council as in subsection (3) above. Section 2.34. Mayor Pro Tem; Selection; Duties. 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 the mayor's disability or absence. In the event of the mayor pro tem's disability or absence, the councilmembers shall elect by majority vote from among its members one who shall assume the duties and powers of the mayor. Any such absence or disability shall be declared by majority vote of all councilmembers. ARTICLE III ADMINISTRATIVE RESPONSIBILITIES Section 3.10. 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 this city. (b) Except as otherwise provided by this charter or general State 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. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance. (d) There shall be a director of each department 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 or her department.

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(e) All directors under the supervision of the mayor shall be nominated by the mayor with confirmation of appointment by the city council. The mayor may suspend or remove directors under his or her supervision but such shall not be effective for fourteen calendar days following the mayor's giving written notice of such action and the reasons therefor to the director involved and the city council. The director involved may appeal to the city council who, after a hearing, may override the mayor's action by an affirmative vote of the entire council, or confirm such suspension or removal by a majority vote. Section 3.11. 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 city 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 city 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 city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expense 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 or she has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of the office, such oath to be prescribed by ordinance and 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 city council.

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(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, one member as vice chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or 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 city clerk. Section 3.12. City Attorney; Duties. The mayor shall appoint, with confirmation of appointment by the city council, a city attorney whose compensation shall be established by the city council 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, city 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 or her by ordinance or by virtue of his or her position as city attorney. Section 3.13. City Clerk/Treasurer; Duties. The mayor shall appoint, with confirmation of appointment by the city council, a city clerk/treasurer. The city clerk/treasurer shall be custodian of the official seal of the city; maintain city council records required by this charter; receive, keep, and disburse all money of the city upon orders and maintain accurate records thereof; and perform such other duties as may be required by the mayor or city council. Section 3.14. Personnel Administration; Position Classification and Pay Plan. The city council shall be responsible for the preparation of a position classification and pay plan which shall be adopted by ordinance. 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 city 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 3.15. Personnel Policies. The city council shall adopt rules and regulations consistent with this charter concerning: (1)

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the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion, 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 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 JUDICIAL BRANCH Section 4.10. Creation; Name. There shall be a court to be known as the Recorder's Court of the City of Greensboro. Section 4.11. Judge of Recorder's Court. (a) The recorder's court shall be presided over by a judge who shall be appointed by the city council and serve at the pleasure of the same. (b) No person shall be qualified or eligible to serve as a judge on the recorder's court unless he or she shall have attained the age of twenty-one years and shall be a member of the State Bar of Georgia. (c) Compensation of the judge shall be fixed by ordinance. (d) The judge of the recorder's court may be removed for cause by a vote of four members of the city council. (e) Before entering upon the duties of office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of the office of judge of the recorder's court to the best of his or her ability without fear, favor, or partiality. Section 4.12. Convening. The recorder's court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; Powers. (a) The recorder's court shall try and punish violations of all city ordinances.

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(b) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed fifty dollars or ten days in jail. (c) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars or imprisonment for ninety days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety days. (d) The recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (e) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of person charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her 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, 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 the city property taxes. (f) 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. (g) 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.

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(h) 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. (i) 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, municipal and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic offenses. 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 Greene 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. Any person who fails to file an appeal within ten days of the date of his or her 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. Administration of Court. The judge, with the approval of the city council, 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. Section 4.16. Rules of Practice. The rule of practice in the recorder's court shall be the rules and regulations for procedure in the superior court under the general laws of the State of Georgia. Said rules and regulations shall be on file at the city clerk's office for public inspection and, upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least forty-eight hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of General State 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. Laws 1968, p. 885), as now or hereafter amended.

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Section 5.11. Regular Elections; Time for Holding. On the first Saturday in April, 1978, and on that day biennially thereafter, there shall be an election for the mayor and city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter. Section 5.12. Special Elections; Vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the remainder of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of office, the city 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. Other Provisions. Except as otherwise provided by this charter, the city 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. Laws 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 Plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 5.16. Grounds for Removal. The mayor, councilmembers, or other elected officers provided for in this charter shall be removed from office for any one or more of the following causes: (a) 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) 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 State law. Section 5.17. Procedure for Removal. Removal of an officer described above may be accomplished by one of the following methods: (a) By the vote of three councilmembers 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 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 Greene 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 Greene County as provided by general State law. ARTICLE VI FINANCE Taxation and Fees Section 6.10. Ad Valorem Tax. The city council may assess, levy, and collect an ad valorem tax on all real 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 and 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. Section 6.11. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city

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ad valorem tax, a due date, and in what period of time such 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 authorize the voluntary payment of taxes prior to the due date. Section 6.12. Occupation and Business Taxes. The city council, by ordinance, shall have the power to levy reasonable occupation or business taxes on both individuals and corporations doing business in this city or who practice or offer to practice any profession or calling therein. 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 6.18. Section 6.13. Licenses; Permits; Fees. The city council, by ordinance, shall have the power to require any individuals or corporations doing 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 so as to preclude regulation by the city. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys and for the purposes of railroads, telephone companies, electric companies, cable television, gas companies and other similar organizations. The city council shall determine the duration; provisions; terms, including 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 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.

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Section 6.15. Service Charges. The city council, by ordinance, shall have the power to assess and collect fees and charges for sewer, sanitary, and health services or any other services rendered within and without the corporate limits of the city which reflect the total cost to the city of providing such services. Unpaid fees and charges shall be collected as provided in Section 6.18. Section 6.16. 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 special assessments shall be collected pursuant to the provisions in Section 6.18. Section 6.17. Construction of Language; 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 this city to govern its local affairs. Section 6.18. 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 pursuant to 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.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes and fees imposed; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. Bonded and Other Indebtedness Section 6.20. 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 general State law. 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 6.21. 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 6.22. 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. Accounting and Budgeting Section 6.30. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, and activity of the city government, unless otherwise provided by general State or federal law. Section 6.31. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budgets and programs. Section 6.32. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than sixty days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed operating budget for the ensuing fiscal year. The operating budget and the capital improvements budget hereinafter provided for and all supporting documents shall be filed in the office of the city clerk for public inspection. Section 6.33. City Council Action on Budget. (a) The city council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by State law or by 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. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the 1st day of

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April of each year. If the city 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 city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.34. Tax Levies. Following the adoption of the operating budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by said 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. Section 6.35. Changes in Appropriations. The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting, or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.36. Capital Improvements Budget. (a) On or before the date fixed by the city council, but not later than sixty days prior to the beginning of each fiscal year, the mayor shall submit to the city council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed improvements and means of financing. The city council shall not authorize

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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 in the case of a public emergency as provided in Section 2.26. (b) The city council shall adopt, by ordinance, the final capital improvements budget for the ensuing fiscal year not later than the 1st day of April of each year. No appropriation provided for in a prior 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, accompanied by his or her recommendation. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 6.37. 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. 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. Contracting Procedures and Property Management Section 6.40. Contracting Procedures. No contract with the city shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted to and reviewed by the city attorney and, as a matter of course, is signed by him or her to indicate such drafting or reviews; and (c) it is approved or authorized by the city council and such approval is entered in the city council journal of minutes required under this charter. Section 6.41. Sale of City Property. (a) The city council may sell and convey any real or personal property owned or held by the

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city for governmental or other purposes as provided by general State law. (b) The city 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 city 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 and abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner or owners. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.10. 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, 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. Official Bonds. The officers and employees of this city, both elective and appointive, shall execute such official bonds in such amount and upon such terms and conditions as the city

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council shall from time to time require by ordinance or as may be provided by State law. Section 7.12. Existing Ordinances; Resolutions; Rules; and Regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, until repealed or amended by subsequent enactment of the city council. The city council shall review all such provisions and shall readopt, repeal or amend each, so that a codification as provided by Section 2.28(b) is begun. Section 7.13. 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 until the existing city 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. The mayor and council who are in office on the effective date of this Act shall serve for the remainder of the terms of office to which they were elected. Section 7.14. 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 officer as may be provided by the city council. Section 7.15. Penalties. The violation of any provisions of this charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than three hundred dollars or by imprisonment not to exceed ninety days or both such fine and imprisonment. Section 7.16. 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 intended to be permissive.

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(c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.17. Severability. If any article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part 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 7.18. Repealer. An Act incorporating the City of Greensboro in the County of Greene, approved March 20, 1939 (Ga. Laws 1939, p. 1070), as amened, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an act creating a new charter for the City of Greensboro in the County of Greene approved March 20, 1939, (Ga. Laws 1939, p. 1070) so as to authorize the mayor and aldermen to fix their compensation within a certain salary range; and for other purposes. This 27th day of December, 1977. /s/ E. R. Lambert, Representative, 112th District Georgia, Greene County. Before me a Notary Public in and for said county and state appeared CAREY A. WILLIAMS, SR., who on oath says he is publisher of THE HERALD-JOURNAL a newspaper published at Greensboro, Ga., in which the legal notices of Greene County appear and that the

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attached notice appeared in said paper January 6, 13, 20 and 27, 1978. /s/ Carey Williams, Sr. Publisher of The Herald-Journal Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Carey Williams, Sr. Notary Public, (Seal). Approved March 16, 1978. CITY OF UNION POINTNEW CHARTER. No. 1087 (Senate Bill No. 646). AN ACT To provide a new charter for the City of Union Point; to provide for corporate boundaries; to provide for the powers, duties and authority of the city and the officials, officers and employees thereof; to provide for a city council and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications and prohibitions for the mayor and council; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for the office of mayor and the office of mayor pro tem; to provide for administrative responsibilities; to provide for boards, commissions and authorities; to provide for a city attorney, a city clerk/treasurer and other personnel; to provide for a recorder's court and jurisdiction and powers of such recorder's court and the judge thereof; to provide for practices and procedures; to provide for elections; to provide for removal; to provide for taxation and fees; to provide for franchises, service charges and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for contracting procedures and property management;

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agement; to provide for eminent domain; to provide for penalties; to provide for construction; to provide for severability; to provide for other matters relative to the foregoing; to repeal an Act incorporating the city of Union Point in the County of Greene, approved August 15, 1904 (Ga. Laws 1904, p. 678), as amended; 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 Union Point, repealing and replacing the charter provided by an Act of the General Assembly, approved August 15, 1904 (Ga. Laws 1904, p. 678) and all amendments thereto. The City of Union Point, Georgia, in the County of Greene and the inhabitants thereof, are hereby constituted and declared a body politic and corporate under the same name and style of Union Point, 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 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 current boundaries of the city, at all times, shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the city clerk and to be designated, as the case may be: Official Map (or Description) of the Corporate Limits of the City of Union Point, Georgia. 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 or maps which it is designated to replace.

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Section 1.12. Powers and Construction. (a) The City of Union Point 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, including all powers of self-government not specifically prohibited by general law or local Act of the General Assembly and including all powers enumerated in Section 1.14 of 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 exercised as provided by this charter, by ordinance or by pertinent laws of this State. Section 1.14. Enumeration of Powers. The corporate powers of this city may include but are not limited to 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;

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(5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) to condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) to acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services not to exceed periods of 35 years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughout the streets and roads and over the bridges and viaducts, for the use of public utilities;

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(12) to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) to provide for the prevention and punishment of drunkenness, riots and public disturbances; (16) to regulate or prohibit junk dealers; pawnshops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms, and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever by taxation or otherwise; (18) to license, tax or regulate 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 rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (20) to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) to regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (22) to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) to provide for the collection and disposal of garbage, rubbish and refuse; to regulate the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials; and to provide for the sale of such items; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) to levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy

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on the users of sewers and the sewerage system a sewer service charge fee of sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) to charge, impose and collect a sewer connection fee or fees, and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the recorder's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the city; or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct, public drunkenness and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this State, is deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;

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(34) to regulate and license, or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; also to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinance enacted hereunder; (35) to regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) to provide and maintain a system of pensions and retirement for officers and employees of the city; (38) to levy and provide for the collection of special assessments to cover the costs for any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof and for preserving the health, peace, order and good government of the city; (42) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia;

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(43) to exercise the power of arrest through duly appointed policemen; (44) to establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (45) to exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience or general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others, nor restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. ARTICLE II STRUCTURE OF GOVERNMENT 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 six councilmembers. The mayor and councilmembers shall be elected in the manner provided by Article V of this charter. Section 2.11. Terms of and Qualifications for Office. The mayor and councilmembers 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 councilmember unless he or she shall have been a resident of the city for twelve months immediately prior to the election of mayor or councilmembers; each shall

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continue to reside therein during said 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) Vacancies. The office of mayor or councilmember 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. (b) Filling of Vacancies. A vacancy in the office of mayor or councilmember 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 compensation of each councilmember in office on the effective date of this charter shall be two dollars for each regular meeting actually attended; provided, no councilmembers shall receive more than twenty-four dollars per annum. The mayor in office on the effective date of this charter shall be compensated in the amount of two hundred dollars per annum. Thereafter, the mayor and councilmembers shall receive compensation for their services in an amount established by ordinance, provided that any action to increase the compensation of members of the governing authority of the city shall be taken in accordance with the requirements of general State law. In addition, the mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office in the manner provided by ordinance. Section 2.14. Prohibitions. (a) 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: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair independence of judgment or action in the performance of his or her official duties; (2) Engage in or accept private employment or render services for private interest when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair independence of judgment or action in the performance of his or her official duties;

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(3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged without proper legal authorization, or use such information to advance the financial or other private interest of himself or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged; provided, however, that an elected official who is a candidate for public office may accept campaign contributions and services in connection with such campaign; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) 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 the city shall disclose such private interest to the city council. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose such private interest and such disclosure shall be entered on the records of the city council and he or she shall disqualify himself or herself 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 entity shall disclose such private interest to the governing body of such agency or entity. (c) 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 city council or the governing body of such agency or entity.

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(d) Contracts Voidable and Rescindable. Any violation of this Section 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 the city council. (e) Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the city or otherwise be employed by said government or any agency thereof during the term for which he or she was elected. No former mayor and no former councilmember shall hold any compensated appointive office in the city until one year after the expiration of the term for which he or she was elected. (f) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the city shall continue in such employment upon qualifying as a candidate for election to any public office. (g) Penalties for Violation. (1) Any city officer or employee who knowingly conceals such financial interest or knowingly violates any of the requirements of this Section shall be guilty of malfeasance in office or position and upon conviction therefor shall be deemed to have forfeited his or her office or position. (2) Any officer or employee of the city who shall forfeit his or her office or position as described in (1) above shall be ineligible for appointment or election to or employment in a position in the city government for a period of three years thereafter. Section 2.15. Inquiries and Investigations. The city council may make inquiries and investigations into the affairs of the city and the conduct of any department 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 city council shall be punished as provided by ordinance. Section 2.16. 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.

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Organization and Procedures Section 2.20. Organization Meeting. The city council shall meet for organization on January first next after the time for the election, or as soon thereafter as may be practicable. 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 an officer authorized by law to administer oaths, as follows: I do solemnly swear (or affirm) that I will faithfully perform the duties of (mayor or councilmember) of the City of Union Point and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. Section 2.21. Regular and Special Meetings. (a) The 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 three members of the city council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least forty-eight hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember 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 councilmember's presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by general State law and notice to the public of special meetings shall be made five days prior to such meeting. Section 2.22. Rules of Procedure. The city 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.

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Section 2.23. Quorum; Voting. The mayor or mayor pro tem and four councilmembers shall constitute a quorum and shall be authorized to transact business of the city council. Voting on the adoption of ordinances or resolutions 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 a majority of the councilmembers present and voting shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. The mayor or mayor pro tem, if presiding, shall be entitled to vote only in the case of a tie vote. Section 2.24. 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 Union Point hereby ordains... and every ordinance shall so begin. (b) An ordinance may be introduced by any councilmember 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 2.26. Section 2.25. 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. Section 2.26. Emergencies. To meet a public emergency affecting life, health, property or public peace, the city council may convene 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

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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 councilmembers 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 2.27. 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 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. (b) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase at a reasonable price. Section 2.28. Signing; Authenticating; Recording; Codification; Printing. (a) The city clerk shall authenticate by his or her signature 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 Union Point, Georgia. Copies of the code shall be furnished to all officers and departments of the city and made available for inspection by the public at the city hall. Copies of the code shall be made available for purchase by the public at a reasonable price as fixed by the city council.

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(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. Office of Mayor Section 2.30. Election; Forfeiture; Compensation. The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. He or she shall be a qualified elector of this city and shall have been a resident of this city for twelve months immediately prior to the election of mayor. The mayor shall continue to reside in this city during said period of service. He or she shall forfeit the office on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers. Section 2.31. Mayor Pro Tem. The city council shall elect by majority vote from among the councilmembers a mayor pro tem who shall assume the duties and powers of the mayor upon declaration by the city council of the mayor's absence or disability. Section 2.32. Powers and Duties of the Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) preside at all meetings of the city for service of process and ceremonial purposes; (c) be the official head and spokesman for the city for service of process and ceremonial purposes;

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(d) sign as a matter of course all written contracts, ordinances and other instruments executed by the city which by law are required to be in writing; (e) participate in the discussion of all matters brought before the city council and vote on such matters only in the case of a tie vote; (f) appoint and remove, for cause, upon the recommendation and approval of appointment or removal by the council, all officers, department heads, and employees of the city except as otherwise provided in this charter; (g) recommend to the city council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (h) fulfill such other executive and administrative duties as the city council shall by ordinance establish. ARTICLE III ADMINISTRATIVE RESPONSIBILITIES Section 3.10. Administrative and Service Structure . (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 this city. The city council shall have the authority to delegate, by ordinance, responsibilities of an administrative nature to the city clerk/treasurer or any other such officers as it deems necessary. (b) Except as otherwise provided by this charter or general State 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. (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance.

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Section 3.11. 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 city 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 city 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 city council, by ordinance, may provide for the compensation and reimbursement for actual and necessary expense 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 or she has executed and filed with the city clerk an oath obligating himself or herself to faithfully and impartially perform the duties of the office, such oath to be prescribed by ordinance and 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 city 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, one member as vice chairman and one member as secretary. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city, or 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 city clerk.

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Section 3.12. City Attorney; Duties . The mayor may appoint, upon the recommendation and approval of appointment by the city council, a city attorney whose compensation shall be established by the city council 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, city 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 or her by ordinance or by virtue of his or her position as city attorney. Section 3.13. City Clerk/Treasurer; Duties . The mayor shall appoint, upon recommendation and approval of appointment by the city council, a city clerk/treasurer who shall not be a council-member. The city clerk/treasurer shall be custodian of the official city seal; maintain city council records required by this charter; receive, keep, and disburse all money of the city upon proper orders and maintain accurate records thereof; prepare and submit to the city council a recommended annual operating budget; submit to the city council an annual statement covering the financial conditions of the city; and perform such other duties as may be required by the city council. Section 3.14. Personnel Administration; Position Classification and Pay Plans . The city council shall be responsible for the preparation of a position classification and pay plan which shall be adopted by ordinance. 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 city 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 3.15. Personnel Policies . The city 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 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 dismissal hearings as due

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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 JUDICIAL BRANCH Section 4.10. Creation; Name . There shall be a court to be known as the Recorder's Court of the City of Union Point. Section 4.11. Judge of Recorder's Court . (a) The recorder's court shall be presided over by a judge who shall be appointed by the city council and serve at the pleasure of the same. (b) No person shall be qualified or eligible to serve as a judge on the recorder's court unless he or she shall have attained the age of twenty-one years and shall be a member of the State Bar of Georgia. (c) Compensation of the judge shall be fixed by ordinance. (d) The judge of the recorder's court may be removed for cause by a vote of four members of the city council. (e) Before entering upon the duties of office, the judge shall take an oath given by the mayor that he or she will honestly and faithfully discharge the duties of the office of judge of the recorder's court to the best of his or her ability without fear, favor, or partiality. Section 4.12. Convening . The recorder's court shall be convened at regular intervals as provided by ordinance. Section 4.13. Jurisdiction; Powers . (a) The recorder's court shall try and punish violations of all city ordinances. (b) The recorder's court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of ten dollars or ten days in jail. (c) The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of three hundred dollars or imprisonment

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for ninety days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding ninety days. (d) The recorder's court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (e) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of person charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, his or her bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his or her 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, 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. (f) 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. (g) 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. (h) 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.

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(i) 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, municipal and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic offenses. 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 Greene 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. Any person who fails to file an appeal within ten days of the date of his or her 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 Practice. 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 recorder's court; provided, however, that 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 recorder's court proceedings at least forty-eight hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.10. Applicability of General State 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.11. Regular Elections; Time for Holding. On the first Wednesday in December, 1978, and on that day biennially thereafter, there shall be an election for the mayor and city council. The terms of office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter.

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Section 5.12. Special Elections; Vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city council or those remaining shall order a special election to fill the remainder of the unexpired term of such office; provided, however, if such vacancy occurs within six months of the expiration of the term of office, the city 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. Laws 1968, p. 885), as now or hereafter amended. Section 5.13. Other Provisions. Except as otherwise provided by this charter, the city 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. Laws 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 Plurality. The candidate receiving a plurality of the votes cast for any city office shall be elected. Section 5.16. Grounds for Removal. The mayor, councilmembers, or other elected officers provided for in this charter shall be removed from office for any one or more of the following causes: (a) 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

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(f) failure for any other cause to perform the duties of office as required by this charter or by State law. Section 5.17. Procedure for Removal. Removal of an officer described above may be accomplished by one of the following methods: (a) By the vote of four councilmembers 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 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 Greene 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 Greene County as provided by general State law. ARTICLE VI FINANCE Taxation and Fees Section 6.10. Ad Valorem Tax. The city council may assess, levy, and collect an ad valorem tax on all real 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 and 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. Section 6.11. Millage Rate; Due Dates; Payment Methods. The city council, by ordinance, shall establish a millage rate for the city ad valorem tax, a due date, and in what period of time such 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 authorize the voluntary payment of taxes prior to the due date.

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Section 6.12. Occupation and Business Taxes. The city council, by ordinance, shall have the power to levy reasonable occupation or business taxes on both individuals and corporations doing business in this city or who practice or offer to practice any profession or calling therein. 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 6.18. Section 6.13. Licenses; Permits; Fees. The city council, by ordinance, shall have the power to require any individuals or corporations doing 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 so as to preclude regulation by the city. Such fees may reflect the total cost to the city of regulating the activity and, if unpaid, shall be collected as provided in Section 6.18. The city council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessities. Section 6.14. Franchises. The city council shall have the power to grant franchises for the use of the city's streets and alleys and for the purposes of railroads, telephone companies, electric companies, cable television, gas companies and other similar organizations. The city council shall determine the duration; provisions; terms, including 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 fifty years and 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 6.15. Service Charges. The city council, by ordinance, shall have the power to assess and collect fees and charges for sewer, sanitary, and health services or any other services rendered within and without the corporate limits of the city which reflect the total cost to the city of providing such services. Unpaid fees and charges shall be collected as provided in Section 6.18.

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Section 6.16. 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 special assessments shall be collected pursuant to the provisions in Section 6.18. Section 6.17. Construction of Language; 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 this city to govern its local affairs. Section 6.18. 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 pursuant to 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.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes and 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. Bonded and Other Indebtedness Section 6.20. 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 general State law. 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 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 6.22. 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.

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Accounting and Budgeting Section 6.30. Fiscal Year. The city council shall set the fiscal year by ordinance. This fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, and activity of the city government, unless otherwise provided by general State or federal law. Section 6.31. Preparation of Budgets. The city council shall provide an ordinance on the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvements program and a capital budget, including requirements as to the scope, content and form of such budget and program. Section 6.32. Submission of Operating Budget to City Council. On or before a date fixed by the city council but not later than sixty days prior to the beginning of each fiscal year, the city treasurer shall submit to the city council a proposed operating budget for the ensuing fiscal year. The operating budget and all supporting documents shall be filed in the office of the city clerk for public inspection. Section 6.33. City Council Action on Budget. (a) The city council may amend the operating budget proposed by the city treasurer, except that the budget as finally amended and adopted must provide for all expenditures required by State law or by 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. (b) The city council, by ordinance, shall adopt the final operating budget for the ensuing fiscal year not later than the 31st day of December of each year. If the city 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 city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational unit, purpose or activity.

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(c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 6.34. Tax Levies. Following the adoption of the operating budget, the city council shall levy, by ordinance, such taxes as are necessary. The taxes and tax rates set by said 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. Section 6.35. Changes in Appropriations. The city council, by ordinance, may make changes in the appropriations contained in the current operating budget at any regular meeting, or special or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 6.36. 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. 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. Contracting Procedures and Property Management Section 6.40. Contracting Procedures. No contract with the city shall be binding on the city unless: (a) it is in writing; (b) it is drawn by or submitted to and reviewed by attorney, designated by the city council, and, as a matter of course, is signed by him or her to indicate such drafting or reviews; and

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(c) it is approved or authorized by the city council and such approval is entered in the city council journal of minutes required under this charter. Section 6.41. 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, except as otherwise provided in subsection (d). (b) The city 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 city 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 and abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner or owners. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. (d) The city council is hereby authorized and empowered to sell, lease or otherwise transfer any lands belonging to the city and held by the city for purposes of industrial development. Such contracts of sale, leases or transfers shall be entered into upon such terms and conditions as the city council shall determine to be in the best interest of the city. Such lands may be sold, leased or otherwise transferred without the necessity for taking bids or advertising such lands for sale, lease or transfer.

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ARTICLE VII GENERAL PROVISIONS Section 7.10. 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, 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. Official Bonds. The officers and employees of this 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 by ordinance or as may be provided by State law. Section 7.12. Existing Ordinances; Resolutions; Rules; and Regulations. Existing ordinances, resolutions, rules and regulations of this city not in conflict with this charter shall continue in force, until repealed or amended by subsequent enactment of the city council. The city council shall review all such provisions and shall readopt, repeal or amend each, so that a codification as provided by Section 2.28(b) is begun. Section 7.13. 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 until the existing city 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. The mayor and council who are in office on the effective date of this Act shall serve for the remainder of the terms of office to which they were elected.

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Section 7.14. 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 officer as may be provided by the city council. Section 7.15. Penalties. The violation of any provisions of this charter, for which a penalty is not specifically provided for herein, is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than three hundred dollars or by imprisonment not to exceed ninety days or both such fine and imprisonment. Section 7.16. 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 intended to be permissive. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 7.17. Severability. If any article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part 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 7.18. Repealer. An Act incorporating the City of Union Point in the County of Greene, approved August 15, 1904 (Ga. Laws 1904, p. 678), as amended, is hereby repealed in its entirety and all amendatory Acts thereto are likewise repealed in their entirety. All other laws and parts of laws in conflict with this charter 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 1978 session of the General Assembly of Georgia, a bill to amend an Act incorporating and providing a charter for the City of Union Point in Greene County, approved August 15, 1904 (Ga. Laws 1904, p. 678), as amended; and for other purposes. This 27th day of December, 1977. /s/ Sam P. McGill Senator, 24th District Georgia, Greene County. Before me a Notary Public in and for said county and state appeared Carey Williams, Sr., who, on oath says he is publisher of The Herald-Journal, a newspaper published in Greensboro, Ga., in which the legal notices of Greene County appear and that the attached notice appeared in this paper January 6, 13, 20, 1978. /s/ Carey Williams, Sr. Publisher of the Herald-Journal Sworn to and subscribed before me, this February 24, 1978. /s/ Carey Williams, Sr. Notary Public. (Seal). Approved March 16, 1978.

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CITY OF SAVANNAHCORPORATE LIMITS, REFERENDUM. No. 1088 (House Bill No. 903). AN ACT To amend the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah, so as to provide that there shall be eight Aldermen of the City of Savannah; to provide for the election of said Aldermen; to extend the corporate limits of the City of Savannah; to provide for other matters relative to the foregoing; to provide for a referendum; to provide for severability; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah are further amended as follows: Section 1. The Act amending the several Acts relating to and incorporating the Mayor and Aldermen of the City of Savannah and providing for a council-manager form of government for said City and providing for other matters relative thereto, approved December 3, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 2019), is hereby amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The government of the City of Savannah and all corporate rights, powers and privileges and all duties, obligations and liabilities of said City are hereby vested in the Mayor and Aldermen, and the Board of Aldermen of said City shall hereafter consist of eight members. The Mayor shall be elected at the time and in the manner as heretofore provided, and the provisions of this Section shall not affect the election or term of office of the Mayor. Two Aldermen may reside anywhere within the corporate limits of the City of Savannah and shall be elected by a majority vote of the voters of the City at large voting at the elections provided for hereinafter. For the purpose of electing the two at-large Aldermen there shall be two Aldermanic Posts to be designated Aldermanic Posts 1 and 2, and any person offering as a candidate for nomination or

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election as an at-large Alderman shall designate the Aldermanic Post for which he is offering. For the purpose of electing the remaining six Aldermen, there shall be six Aldermanic Districts, as hereinafter provided, and there shall be one Alderman from each such District. An Alderman from an Aldermanic District shall have been a resident of his respective District for at least six months preceding the date of his election and shall remain a resident of such District during his term of office. Each Alderman from an Aldermanic District shall be elected by a majority vote of the voters residing within his respective District voting at the elections provided for hereinafter. The six Aldermanic Districts of the City of Savannah shall be composed of portions of territory of Chatham County lying within the corporate limits of said City as follows: Aldermanic District No. 1 Chatham County Garden City CCD 5 Tract 106.02 Block 101 Block 102, that portion lying east of Georgia State Highway 26 (total population - 3 Block population) Blocks 106, 107, 108, 109 and 201 Block 205, that portion lying east of Market Street extended to the Dundee Canal Blocks 208 and 210 Block 213, except that portion lying west of Market Street extended to its intersection with the northern right-of-way line of the SAL railroad tracks Savannah CCD 25 Tracts 1, 1.99, 2, 2.99, 3.99, 6, 7, 12 and 17 Tract 23 ED's 133 and 134 Tracts 32 and 33 Tracts 105, 106.02, 107 and 108 West Savannah CCD 45 Tract 45 ED's 36 and 37

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Aldermanic District No. 2 Chatham County Savannah CCD 25 Tracts 3, 5, 5.99, 8, 9, 10, 11, 13, 15, 18, 19 and 20 Aldermanic District No. 3 Chatham County Savannah CCD 25 Tracts 21, 22, 27, 36.01, 36.02 and 37 Aldermanic District No. 4 Chatham County Savannah CCD 25 Tract 23 ED's 132, 135 and 136 Tracts 24, 25, 26, 28 and 29 Tract 34 ED's 163, 166, 167, and 168 Tract 44 West Savannah CCD 45 ED's 38, 39, 40 and 41 Aldermanic District No. 5 Chatham County Savannah CCD 25 Tract 30 Tract 34 ED's 162, 164 and 165 Tracts 35.01, 35.02 and 38 Tract 39 ED's 181, 182, 183, 184, and 185 Tract 40 ED's 186, 187, 189, 190, 191, 194, 195 196A and 196B. Thunderbolt CCD 35 Tract 39 ED 214

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Aldermanic District No. 6 Chatham County Savannah CCD 25 Tract 40 ED's 188, 197, 198 and 199 Tract 43 Vernonburg-White Bluff CCD 40 Tract 42.01 Tract 42.02 ED's 239, 240, 241 and 242 ED's 243 and 244 Tract 109 ED's 260 and 261 ED 262, that portion bordered on the west and south by the Forest and Little Ogeechee River and on the East by the Vernon River. For the purposes of the descriptions of Aldermanic Districts as provided for above, the designation `CCD' shall mean `Census County Division'; the designation `ED' shall mean `Enumeration District' and the word `Tract' shall mean a `Census Tract'. The terms `Census County Division', `Enumeration District', `Census Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia, County of Chatham. Any portion of the corporate limits of the City of Savannah which is not included in any Aldermanic District described above shall be included within that Aldermanic District contiguous to such portion which contains the least population according to the United States Decennial Census of 1970. (b) The first members of the Board of Aldermen provided for by subsection (a) above shall be nominated and elected at the regular municipal primary and election conducted in 1978 and shall take office for terms of four years at the same time as heretofore specified as the date for Aldermen of the City of Savannah to take office. Such Aldermen shall be the successors to the members of the heretofore existing Board of Aldermen of the City of Savannah whose regular terms of office expire at the time the Aldermen elected

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as provided herein take the oath of office, and nothing in this Section shall be construed to change the terms of office of the members of the heretofore existing Board of Aldermen of the City of Savannah. Successors to such first members nominated and elected as provided herein and future successors shall be nominated and elected at the regular municipal primary and election held immediately preceding the expiration of the terms of office and shall take office at the time specified for Aldermen to take office following their election for terms of four years. All Aldermen nominated and elected as provided herein shall serve for terms of four years and until their successors are elected and qualified. Section 2. The City limits of the City of Savannah, known as the Mayor and Aldermen of the City of Savannah, in addition to all the territory, land and improvements, now included in the corporate limits of the City of Savannah shall be extended to include all of the territory, land and improvements located within the following described areas, to wit: AREA A Beginning at the intersection of the northern right-of-way line of Montgomery Crossroads and the centerline of Hayners Creek; thence in a southerly direction along the centerline of Hayners Creek and the Vernon River until it intersects the western boundary line of the town limits of Vernonburg, Georgia, and proceeding thence in a northwesterly direction along the town limits of Vernonburg, which is the low water mark of the southernmost tributary to a point which intersects the northern projection of the eastern right-of-way line of Rockwell Avenue; proceeding thence in a southern direction along the eastern right-of-way line of Rockwell Avenue to a point that intersects the southern right-of-way line of Vernonburg Avenue; proceeding thence in a western direction along the southern right-of-way line of Vernonburg Avenue to a point that intersects the eastern right-of-way line of White Bluff Road; proceeding thence South along the eastern right-of-way line of White Bluff Road a distance of 1,426.46 feet to a point; proceeding thence North 66 31[UNK] West a distance of 1,014.66 feet to a point; which is commonly known as the common boundary line between the Bonnie Doon Tract and the property known as Retreat (now or formerly owned by Rourke); proceeding thence in a southwesterly direction along a projection of the common boundary line to a point that intersects

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the centerline of the Bonnie Doon Creek; proceeding thence along the centerline of the Bonnie Doon Creek along its meanderings in a generally southern direction to a point that intersects the centerline of the Vernon River proper; proceeding thence in a southwesterly direction to its intersection with the extended centerline of the Little Ogeechee River; thence in a westerly and then northerly direction along the centerline of the Little Ogeechee River (Forest River) to its intersection with the northern right-of-way line of Abercorn Street Extension (Ga. 204); thence in an easterly direction along the northern right-of-way line of Abercorn Street Extension to its intersection with the Savannah city limits; thence in an easterly then northerly direction along the Savannah city limits to its intersection with the western right-of-way line of Howard Foss Drive; thence in a southerly direction along the western right-of-way line of Howard Foss Drive and such line extended to its intersection with the western right-of-way line of Central Avenue; thence in a southerly direction along the western right-of-way line of Central Avenue to its intersection with the western right-of-way line of a Central Avenue-Skidaway Road Connector; thence in a southerly direction along the western right-of-way line of the Central Avenue-Skidaway Road Connector to its intersection with the eastern right-of-way line of Skidaway Road; thence in a northerly direction along the eastern right-of-way line of Skidaway Road to its intersection with the extended northern right-of-way line of Montgomery Crossroads; thence westerly along the northern right-of-way line of Montgomery Crossroads to the point of beginning. AREA B Beginning at the intersection of the eastern right-of-way line of Lynes Parkway and the northern right-of-way line of Louisville Road; thence in a southerly direction along the eastern right-of-way line of Lynes Parkway to its intersection with the Savannah city limits south of Staley Avenue; thence in a northerly direction along the Savannah city limits to its intersection with the southern right-of-way line of U. S. Highway 80; thence in a southwesterly direction along the southern right-of-way line of U. S. Highway 80 to its intersection with the eastern right-of-way line of the Dundee Canal; thence in a southerly direction along the eastern right-of-way line of the Dundee Canal to its intersection with the extended eastern right-of-way line of Market Street; thence in a southerly direction along the eastern right-of-way line of Market Street to its intersection with

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the extended northern right-of-way line of Louisville Road; thence in an easterly direction along the northern right-of-way line of Louisville Road to the point of beginning, excluding therefrom those zoned areas which have been designated and zoned as M (Manufacturing Districts), and I-H (Heavy Industrial Districts), the boundaries of which are shown in the official zoning map of Chatham County, Georgia, which is located in the office of the Zoning Administrator of Chatham County in Savannah, Georgia. The lots and parcels of land referred to herein as being excluded from the above described area are more particularly shown on pages D-7, E-7, E-8 and E-9 of the Chatham County Zoning Maps recorded on January 12, 1978, on pages BB-113, BB-114, BB-115 and BB-116 of the plat books in the Clerk of Superior Court Records in the Chatham County Courthouse in Savannah, Georgia. Section 3. No person or business doing business in the area annexed to the City of Savannah by this Act shall be required to pay a city business or occupation tax during the calendar year 1978, provided such license or tax has been paid to Chatham County. Section 4. No taxes shall be levied by the Mayor and Aldermen of the City of Savannah on real or personal property in the area annexed to the City of Savannah by this Act until January 1, 1979; however, until such time as such taxes are levied, the charges for water and sewer services in said annexed area shall be the same as charges for such services in areas outside the corporate limits of said city. Section 5. Upon the approval of this Act at the election as provided in Section 6 of this Act and certification of said election by the Board of Elections of Chatham County, persons residing in areas defined in Section 2 of this Act shall have all the rights, privileges and responsibilities as other residents of the City of Savannah, except as otherwise provided by this Act. Any such person residing within such areas who is a qualified elector of Chatham County shall be a qualified elector of the City of Savannah on and after the date this Act becomes effective and shall be eligible to vote in any municipal, primary or election held at any time after the date this Act becomes effective. Section 6. Not more than three days after the approval of this Act by the Governor or after it otherwise becomes law, it shall be

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the duty of the Board of Elections of Chatham County to issue the call for an election for the purpose of submitting this Act to the voters residing outside of the corporate limits of the City of Savannah as the city limits existed on January 1, 1978. but within the areas proposed to be annexed under the provisions of Section 2 of this Act and to the voters residing within the corporate limits of the City of Savannah as the same existed on January 1, 1978, for approval or rejection. Only the qualified voters of the City of Savannah and those voters residing in such areas proposed to be annexed by Section 2 of this Act who are registered voters of Chatham County and who are qualified to vote for members of the General Assembly of Georgia shall be eligible to vote in said election. It shall be the duty of the Board of Elections of Chatham County to compile a list of the registered voters of the county residing within the areas to be annexed to the city limits of Savannah under the provisions of Section 2 of this Act. The Board of Elections shall set the date of such election for a day not less than 29 nor more than 35 days after the date of the issuance of the call. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act providing for an eight-member Board of Aldermen of the City of Savannah and changing the corporate limits of the City of Savannah 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 total number of votes cast on such question are for approval of the Act, it shall become of full force and effect at the times specified by Section 8 of this Act, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by the City of Savannah. It shall be the duty of the Board of Elections of Chatham County to hold and conduct such election. It shall hold such election under the same laws and rules and regulations as govern special elections except as provided herein. The Board of Elections is

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hereby authorized to establish one or more special polling places for the conduct of said election. It shall be the duty of the Board of Elections to canvass the returns and declare and certify the results of the election. It shall be its further duty to certify the result thereof to the Secretary of State. Section 7. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8. If this Act is approved at the election provided for by Section 6, then Sections 2 and 5 of this Act shall become effective upon the certification of the results of such election, and Section 1 of this Act shall become effective upon the certification of the results of such election for the purposes of the municipal primary and election of 1978 and shall become effective for all purposes on the date the Mayor and Aldermen take office following their election at said 1978 municipal election. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. NOTICE. STATE OF GEORGIA COUNTY OF CHATHAM Notice is hereby given of intention to apply for local legislation in the 1977 Session of the General Assembly of Georgia to AMEND THE CHARTER of the Mayor and Aldermen of the City of Savannah to extend and change the corporate limits and for other purposes. /s/ Jamer B. Blackburn City Attorney for The City of Savannah

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Arthur Gignilliat who, on oath, deposes and says that he is Representative from the 122nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: January 8, 15 and 22, 1977. /s/ Arthur Gignilliat Representative, 122nd 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 17, 1978. BIBB COUNTYCOMPENSATION OF MEMBERS OF BOARD OF EDUCATION AND ORPHANAGE. No. 1089 (House Bill No. 1069). AN ACT To change the provisions relative to the compensation and expenses of the elective members of the Board of Public Education and Orphanage of Bibb County; to repeal conflicting laws; and for other purposes.

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Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to the provisions of an amendment to Article VIII, Section V, Paragraph II of the Constitution of Georgia of 1945, which was proposed by an amendment ratified at the 1974 general election (Ga. Laws 1974, p. 1724), and which was continued in effect by the provisions of the Constitution of 1976, the Board of Commissioners of Bibb County is hereby authorized to fix the compensation and provide for the reimbursement of expenses of the elected members of the Board of Education and Orphanage of Bibb County: the members elected from Post 1 through Post 8 of the Board. Such compensation and expenses, when fixed by the Board of Commissioners of Bibb County, shall be paid from the funds of the Board of Education and Orphanage of Bibb 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 change the provisions relative to the compensation of members of the Board of Public Education and Orphanage of Bibb County; and for other purposes. This 31st day of January, 1977. /s/ Frank Horne Representative, 104th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, 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: February 4, 11 and 18, 1977. /s/ Frank Horne Representative, 104th District

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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 17, 1978. FULTON COUNTYJUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND ACT AMENDED. No. 1090 (House Bill No. 1383). AN ACT To amend an Act creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended, particularly by an Act approved March 19, 1968 (Ga. Laws 1968, p. 2309), so as to provide that the Public Defender of Fulton County may receive credit for prior service as an Assistant Public Defender of Fulton County; to provide for contributions to obtain credit for such service; 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. Laws 1946, p. 299), as amended, particularly by an Act approved March 19, 1968 (Ga. Laws 1968, p. 2309), is hereby amended by adding a new Section 1(b) to read as follows: Section 1(b). Any present or future Public Defender of Fulton County who is or may hereafter be entitled to the benefits of this

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Act, who has served as an Assistant Public Defender of Fulton County, may receive credit for not more than four (4) years of such service by notifying the trustees of the fund of his or her election to obtain such credit and by paying into the fund the amount of the required employer's and employee's contribution for the period of service for which credit is claimed plus accrued interest at the rate of five (5) percent. Payments required to be made shall be divided into sixty (60) equal monthly installments which may be deducted from the compensation of any such member and shall be deposited into the retirement fund. Such deductions shall be in addition to the deductions otherwise required. 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, 1978, to amend an Act approved January 31, 1946 (Ga. L. 1946, p. 299), creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to provide for membership in the fund; to provide for creditable service; to provide for beneficiaries; to provide for benefits; to provide for longevity; and to provide for any other matters germane to said Act, as amended. This 16th day of December, 1977. /s/ E. A. Wright Chairman, Board of Trustees Judges' and Solicitor Generals' Retirement Fund of Fulton County. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John W. Greer who, on oath, deposes and says that he/she is Representative from the 43rd District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 20, 1977, December 27, 1977 and January 3, 1978. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 11th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. FULTON COUNTYJUDGES' AND SOLICITOR GENERALS' RETIREMENT FUND ACT AMENDED. No. 1091 (House Bill No. 1384). AN ACT To amend an Act creating The Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2803), an Act approved February 8, 1955 (Ga. Laws 1955, p. 2083), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3047) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3277), so as to provide for increased benefits for service by a member after becoming eligible for retirement on full benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act creating The Judges' and Solicitor Generals' Retirement Fund of Fulton County, approved January 31, 1946 (Ga. Laws 1946, p. 299), as amended, particularly by an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2803), an Act approved February 8, 1955 (Ga. Laws 1955, p. 2083), an Act approved March 24, 1976 (Ga. Laws 1976, p. 3047) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3277), is hereby further amended by striking subsection (c) of Section 6 of said Act as so amended and inserting in lieu thereof a new subsection (c) of Section 6, to read as follows: (c) Members who continue to serve after becoming eligible for retirement on full benefits shall be entitled to a one and one-half percent of salary increase in benefits for each year of additional service not exceeding twelve years of such service. 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, 1978, to amend an Act approved January 31, 1946 (Ga. L. 1946, p. 299), creating the Judges' and Solicitor Generals' Retirement Fund of Fulton County, as amended, so as to provide for membership in the fund; to provide for creditable service; to provide for beneficiaries; to provide for benefits; to provide for longevity; and to provide for any other matters germane to said Act, as amended. This 16th day of December, 1977. /s/ 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/she 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, 1977, December 27, 1977 and January 3, 1978. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 11th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. ACT PROVIDING PENSIONS FOR EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (150,000 OR MORE). No. 1092 (House Bill No. 1418). AN ACT To amend an Act providing that cities having a population of more than 150,000, according to the United States Census of 1920, or any subsequent such census, shall furnish pensions to officers and employees of such cities, approved August 20, 1927 (Ga. Laws 1927., p. 265), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 3140) and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3374), so as to provide for the recomputation of pensions for certain retired officers and employees; to change certain formulas for the calculation of benefits; to provide for the

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payment of additional benefits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that cities having a population of more than 150,000, according to the United States Census of 1920, or any subsequent such census, shall furnish pensions to officers and employees of such cities, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, particularly by an Act approved March 6, 1962 (Ga. Laws 1962, p. 3140) and an Act approved April 3, 1972 (Ga. Laws 1972, p. 3374), is hereby amended by adding at the end of subsection (c) of Section 1 of the amendatory Act, approved March 6, 1962 (Ga. Laws 1962, p. 3140), as amended by the amendatory Act, approved April 3, 1972 (Ga. Laws 1972, p. 3374), the following: Any other provision of law to the contrary notwithstanding, the pension benefits of any person who on July 1, 1978, is receiving benefits which were calculated with monthly earnings being the average of the highest five (5) years' salary during the term of employment and who retired between the effective date of the 1962 amendatory Act, approved March 6, 1962 (Ga. Laws 1962, p. 3140) and the effective date of the 1972 Amendatory Act, approved April 3, 1972 (Ga. Laws 1972, p. 3374), shall be recalculated and any such person shall receive as a matter of right a monthly pension equal to the applicable percentage for the calculation of benefits multiplied by his years of creditable service, with monthly earnings being the average of the highest three (3) years' salary during the term of employment. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1978.

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FULTON COUNTYTEACHERS' RETIREMENT SYSTEM ACT AMENDED. No. 1093 (House Bill No. 1437). AN ACT To amend an Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County and for other purposes, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1466), so as to change the requirements for receiving a spouse's pension under said Act; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing in Fulton County a system for pension and retirement pay to the teachers and employees of the Board of Education of Fulton County and for other purposes, approved February 2, 1945 (Ga. Laws 1945, p. 528), as amended, particularly by an Act approved February 25, 1949 (Ga. Laws 1949, p. 1466), is hereby amended by inserting, following Section 6 of said original 1945 Act, a new Section which shall be known as Section 6A which shall read as follows: Section 6A. Notwithstanding any other provision of this Act, a spouse of the deceased member, who shall otherwise be entitled to a pension, shall be entitled to a pension if he or she shall have been married to a deceased member prior to his retirement or for a period of five (5) years prior to the time when such member was entitled to retire. Provided, however, that nothing herein shall authorize the payment of any pension to any spouse who shall remarry. Section 2. This Act shall become effective upon its approval by the Governor or otherwise becoming a law and shall apply to all individuals who shall have been paid compensation by the Fulton County Board of Education subsequent to its effective date.

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Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1978 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. Laws 1945, p. 528, 535), as heretofore amended; any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary 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/she 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 28, 1977, January 4 and 11, 1978. /s/ John W. Greer Representative, 43rd District Sworn to and subscribed before me, this 14th day of January, 1978. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 17, 1978.

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CITY OF NASHVILLENEW CHARTER. No. 1094 (House Bill No. 1689). AN ACT To establish a new charter for the City of Nashville, Georgia, and other purposes; providing for a title and citation; providing for definitions and rules of construction; providing for the city to continue as a body politic and corporate and naming same; providing for its general authority as a body politic and corporate; recognizing the boundaries of the former city; providing for the vesting of rights, title, etc. of the former city in the city incorporated under this Act; providing for the assumption of debts incurred by the former city by the city incorporated under this Act; providing for the continuation in office of the present mayor and aldermen; providing for municipal government to be vested in a mayor and a city council consisting of six (6) members; providing for the qualifications of the mayor and members of the council; providing for an oath of office for the mayor and members of the city council, and when said oath shall be taken; providing for penalties and punishment for violation of such oath; providing for removal from office of the mayor or any member of the city council who fails to attend a specified number of meetings; providing for the manner of filling vacancies in the office of mayor or councilman; providing for the election of a mayor pro tem by the council and his term; providing for the holding of regular and special meetings; defining a quorum and providing for procedure to be followed by the city council; providing for general corporate powers to be exercised by the mayor and council; providing for the powers of the mayor and mayor pro tem; providing for the manner of construction of powers granted to the city; defining who is eligible to vote in city elections and providing for registration of voters by the city; providing for the time for filing for election to office of mayor or city councilman; providing for terms of office of councilmen; dividing the council into posts; providing for a term of office of mayor; providing that all elections under the charter are to be on majority vote; providing for standing committees of the council; authorizing the city council to adopt rules, ordinances, resolutions, rules, etc. necessary, proper, expedient or helpful for the peace, good order, etc.; prescribing what must be done by ordinance, and what can be done by motion or resolution; providing a procedure for enactment of legislation; requiring

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all official action to be introduced in writing; requiring that ordinances must contain one subject matter and have titles reflecting their contents; providing an exception for the adoption of codes by references and the codification of ordinances; providing an enacting clause for ordinances and the effect of failure to use same; providing that the majority vote is required to adopt ordinances; providing for the introduction and reading of ordinances; providing a procedure for the enactment of emergency ordinances; providing for the publication of titles of ordinances; providing for the effective date of ordinances; providing for the determination of procedures for fixing the effective date of resolutions and motions; providing when legislation becomes law; providing for the veto by the mayor of ordinances and resolutions and the manner of overriding same; providing for the signing, authenticating and recording of ordinances by the city clerk; providing for the continuation of existing ordinances, resolutions, bylaws, etc. until amended or repealed; authorizing a city administrator, and providing for his employment, the powers which may be delegated to him, etc.; providing for an oath to be taken by city employees when required by the mayor; providing for official bonds of nonelected officers and employees when required by the mayor; providing for residency requirements of city employees; prohibiting political activities of city officers and employees; providing for the establishment of a merit system; providing for the appointment of department heads; providing for the powers of the members of the police department; providing for the members of the police department to arrest individuals in hot or fresh pursuit; providing for a police committee and defining its duties; providing for impeachment and removal of city officers and city employees; providing for the charter to be a defense to lawsuits; providing for a municipal court and prescribing its jurisdiction, authority and powers; providing for municipal judge; providing for his age and qualifications; providing for an oath of office of the judge; providing for convening of the municipal court; authorizing for the municipal court to impose penalties for violation of ordinances and for contempt; providing for the manner of establishing bail and recognizances in the municipal court; providing for the manner of appeals; providing for the promulgation of rules and regulations for the administration of the municipal court; providing for a fiscal year of the city; providing for expenditures to be made in accordance with an annual budget; establishing taxation procedures and authorizing the city to levy and collect taxes; providing for the due date for taxes; authorizing interest and penalties on unpaid taxes;

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providing the manner of issuance and enforcement of executions; providing for affidavits of illegality of executions; providing for a severability clause; providing for the repeal of all Acts inconsistent with this Act and enumerating prior Acts of the city which are specifically repealed; providing for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I. IN GENERAL Section 1-1. Title and citation. This Act shall be known as the Charter of the City of Nashville, Georgia and may be cited as and referred to herein as the charter. 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) City shall refer to the municipal corporation, Nashville, Georgia, or the territory embraced within the boundaries of the municipality, dependent upon the context. (2) City limits shall refer to and mean the territory embraced within the boundaries of the city. (3) Company means corporation. (4) Council or city council shall mean the persons elected or serving as provided in this charter. (5) County or this county shall mean the County of Berrien, in the State of Georgia. (6) Day means a full day of twenty-four (24) hours, commencing at midnight, Eastern Time. (7) Elector means a person residing within the city who is qualified to vote therein.

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(8) In may be the equivalent of on. (9) Is may mean shall be. (10) 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. (11) Mayor shall mean the Mayor of Nashville, Georgia. (12) Month means a calendar month. (13) Next means in the nearest time, just after, immediately following. (14) Oath includes affirmation. (15) 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. (16) Or is ordinarily to be understood in the disjunctive sense, but will be construed as and when necessary to effectuate a legislative intent manifested by the context and surrounding circumstances. (17) 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. (18) Preceding means next before. (19) Property includes real and personal property. (20) Shall is mandatory.

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(21) State or this State shall mean the State of Georgia, in the United States of America. (22) Streets means street, sidewalk and public way and place used for travel, and shall include bridges thereon. (23) Until a certain day or hour includes all of such day or hour. (24) While means pending or during the time. (25) Writing includes printing and numerals. (26) 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: (1) Unless otherwise expressly or by necessary implication provided, the ordinary signification shall be applied to all words, except words of art or trade or words connected with a particular subject matter, which shall have the signification attached to them by experts in such art, trade or subject matter. (2) The present or past tense shall include the future. (3) The masculine gender shall include the feminine and neuter. (4) The singular or plural number shall each include the other, unless expressly or by necessary implication included. (5) A joint authority given to any number of persons or officers may be executed by a majority of them, unless otherwise expressly provided. (6) Substantial compliance with a requirement of any provision of this charter, especially on the part of officers of the municipality, shall be deemed sufficient, unless otherwise expressly or by necessary implication provided.

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(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. Incorporation; name, style, designation, authority as body politic and corporate. (a) The City of Nashville, in Berrien County, Georgia, heretofore made a body politic and corporate by Acts of the General Assembly of the State, under the name of the City of Nashville, shall continue a body politic and corporate, known by the corporate name of the City of Nashville, hereinafter also referred to as the city. (b) As a body politic and corporate, the city shall have authority to govern itself and its inhabitants by such ordinances, resolutions, rules, regulations and bylaws for municipal purposes as may be adopted and promulgated under the terms and provisions of this charter, not in conflict with the Constitution or laws of this State or of the United States, with authority in and by its corporate name to sue and be sued, plead and be impleaded in all courts, and have and use a common seal, buy, hold, exchange, sell and convey property, make all necessary and lawful contracts, transact all of its business, and do all other things necessary to promote the municipal corporate purposes of said city. Said corporation, through its city council, shall have all of the authority, powers and privileges incident to municipal corporations under the laws of the State, and all other authority necessary and proper to make, regulate, maintain and preserve a proper and legal government for said city. Section 1-4. Boundaries. The boundaries of the city as they exist on the effective date of this charter are hereby recognized, ratified and confirmed.

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Section 1-5. Vesting of rights, etc. All properties, titles, easements, hereditaments, privileges, related rights and powers belonging or in any way appertaining to the city as heretofore incorporated, are hereby vested absolutely in the city, incorporated under this charter in the same manner and to the same extent as they were had by the former city. Section 1-6. Assumption of debts, etc. The city as created by this charter is hereby made responsible as a corporate body for all legal debts, liabilities and undertakings of the city as heretofore incorporated. Section 1-7. Continuation in office of mayor and aldermen, and other officers. (a) The mayor and aldermen 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. (b) Other officers shall continue in office until removed or replaced as provided by law or ordinance. ARTICLE II. MAYOR AND CITY COUNCIL Section 2-1. Generally. The municipal government of the city and its corporate powers shall be vested in and exercised by a mayor and a city council, consisting of six (6) members and also by officers, agents and employees under their authority except as otherwise provided in this charter. Section 2-2. Qualifications. In order for a person to be eligible to hold the office of a mayor, or to be a member of the city council, he shall, at the time of his filing and qualifying for office: (1) Have been a resident of the city for at least twelve (12) consecutive months; (2) Be a qualified voter in the city; (3) Be at least twenty-one (21) years of age; (4) Have been a freeholder in the city for at least two years.

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Section 2-3. Oath of office. (a) The mayor and all members of the city council shall, before they enter on the duties of their respective offices, 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 mayor (or councilman as the case may be) of the City of Nashville, Georgia, and will to the best of my ability, preserve and protect and defend the city charter, the Constitution of the State of Georgia and the Constitution of the United States of America. Persons elected to the office of mayor or to the city council shall take such oath at the first regularly scheduled meeting of the city council in December following their election, or if such person was elected at a special election, at such time as the mayor and city council shall designate. (b) It shall be unlawful for any person to violate his oath of office. Any person violating such oath shall be subject to impeachment and removal from office in the manner provided herein, or to punishment to the maximum extent authorized for violations of city ordinances, or to both such removal and punishment. Section 2-4. Failure to attend meetings. If the mayor or any member of the city council fails to attend eight (8) regularly scheduled consecutive meetings of the city council in any calendar year, such person's office shall be declared vacant and the office shall be filled as provided in this charter. Section 2-5. Filling of vacancies. If the office of mayor or councilman becomes vacant by death, resignation, removal or otherwise, the mayor and city council by resolution adopted within ten (10) days of such vacancy shall order an election to fill such vacancy; provided, however, that if any of such offices become vacant at any time within three (3) months of the expiration of the term of office, the city council shall have the right and power to fill said office for the remainder of the term by appointment made by the mayor and city councilmen. Section 2-6. Mayor pro tem generally. There shall be a mayor pro tem who shall be elected annually by the mayor and the members of the city council from among the membership of the council.

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Section 2-7. Meetings generally. (a) Regular meetings of the mayor and city council shall be held on the second and fourth Mondays of each month at such time as shall be fixed by ordinance. (b) Special meetings of the mayor and city council shall be held only upon call of the mayor, the mayor pro tem, or upon the written request of two (2) members of the city council. The city clerk shall give written notice of a special meeting to all members of the city council and the mayor if they are in the city within twenty-four (24) hours of the meeting. Section 2-8. Quorum; procedure. A majority of the members of the city council shall constitute a quorum for the transaction of all business. Any councilman shall have the right to call for the ayes and nays and have the same recorded on the minutes in all cases. The mayor shall have no vote, except in the case of a tie. 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 2-9. Powers generally. The corporate powers of the city, to be exercised by the mayor and city council, shall include, but shall not be limited to, the following: (a) General. To exercise all powers and authority provided elsewhere in this charter. (b) Enactment of ordinances, etc. To make, ordain and establish such bylaws, ordinances, resolutions, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the city and the inhabitants thereof, and for preserving the health, peace, order and good government of the city. (c) Codification of ordinances and resolutions. To codify the general and permanent ordinances and resolutions of the city and cause such ordinances to be published as a Code of Ordinances. (d) 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.

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(e) Corporate limits. To fix the corporate limits of the city in a manner not inconsistent with the law. (f) Departments, offices, etc. To create, alter or abolish departments, boards, offices, commissions and agencies of the city, and to confer upon those agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; and to make investigations into the conduct thereof as authorized in this charter. (g) Elections. To regulate city elections in the manner provided by general law. (h) Contracts and agreements for service. To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor. (i) Intergovernmental cooperation. To cooperate with any department or agency of the State or federal government, or any political subdivision of the State, in making of public improvements and doing the things which contribute to the health, morals, comfort and general welfare of the citizens of the city, and for this purpose may expend such public funds as are necessary to effectuate said purpose. (j) Insurance and retirement. To establish and maintain a retirement system and insurance plan for officers and employees of the city and to provide the methods of financing such systems and plans. (k) Property acquisition, etc. To acquire, dispose of and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, within and without the city. (l) Appropriations generally, expenditures. To make appropriations for the support of the government of the city, to authorize the expenditure of monies 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.

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(m) Appropriations and borrowing for payment of debts; issuance of bonds. To appropriate and borrow monies for payment of the debts of the city, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the laws of the State. (n) Property tax levy and collection. To levy and to provide for the assessment, valuation, reevaluation, and collection of taxes on all property subject to taxation; and to contract with any city, county or other governmental or political subdivision for any service in connection with the taxation process authorized by State law, including without limitation, the ministerial acts of billing and collection of city ad valorem taxes. (o) Exempting property from taxation. To exempt property from taxation as authorized by law. (p) Back taxes. To provide for the collection on back taxes and penalties thereon. (q) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (r) License fees and taxes. To levy and 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. (s) Permits and fees. To provide for the issuance of permits and for the revocation thereof and to prescribe fees for the issuance thereof. (t) Taxes for advertising the city and for hospitals, libraries, etc. To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital, commercial, manufacturing and other enterprises into the city; and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hospitals, libraries, and other municipal facilities.

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(u) Laying out, etc., public ways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light, streets, roads, alleys, sidewalks, walkways, and other public ways. (v) Control of public ways. To regulate and control public streets, roads, alleys, sidewalks, walkways and other public ways; and to prevent the blocking of streets, roads, alleys, sidewalks, walkways, and other public ways and railroad crossings. (w) Public facilities and improvements. To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewage treatment facilities, quarries, airports, hospitals, and charitable, cultural, educational, recreational, conservation, sport, communication, curative, corrective, detentional, penal and medical institutions, agencies and facilities and any other public improvements, within and without the city, and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable public Acts as are or may be enacted. (x) Traffic regulations. To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, sidewalks, walkways and other public ways of the city. (y) 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. (z) Executions. To issue executions for the collection of any debt or claim due the 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 or as otherwise authorized by law. (aa) Filing claims against city. To provide for the filing of claims against the city and for the barring of such claims unless properly filed.

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(bb) Condemnation. To condemn property, inside or outside of the city, for present or future use, and for any corporate purpose deemed necessary by the mayor and 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. (cc) Ownership, etc. of utilities generally. 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, within and without the city, and to fix the taxes, charges, rates, fares, fees, assessments, and regulations for same, and penalties and withdrawal of service for refusal or failure to pay same or to abide by such regulations, and the manner in which such remedies shall be enforced. (dd) Sewer charges. To levy a fee, charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and expansion of a sewage disposal plant and extension of a 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 charge the same from time to time; such fees to be levied on the users connecting with the sewer system. (ee) 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 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,

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taxes, or fees, and to provide for the manner and method of collecting such service charges. (ff) CATV. To acquire rights-of-way and easements for, purchase, construct, own, sell and dispose of, maintain, operate, extend and improve a community antenna television system, (CATV) 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. (gg) Franchises. To grant franchises or make contracts for public utilities and public services, and other things. 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. (hh) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (ii) 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. (jj) Zoning, planning and subdivisions. To adopt by ordinance a plan or plans for the zoning of the city in the interest of public health, safety, order, convenience, comfort, aesthetics, prosperity, or general welfare, and for the purpose of regulating the location of trades, industries, apartment houses, dwellings, and other uses of property; or for the purpose of regulating the height and location of the buildings, fences and other structures; for the purpose of regulating the alignment of buildings or other structures near street frontages; for the purpose of preserving buildings, structures or areas having national, regional, State or local historic significance; and for the purpose of maintaining or improving the aesthetic appearance of any buildings, structures or areas. The zoning regulations may be based upon any one or more of the purposes above described. The city may be divided into such number of zones or districts, and such districts may be of such shape and area as the city

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council shall deem best to accomplish the purposes of the zoning regulations. The mayor and city council may prescribe regulations for the subdividing or platting of property. (kk) Fire limits, fire prevention and protection. To fix and establish fire limits and from time to time to extend, enlarge or restrict same to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof. (ll) 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, air-conditioning installation and equipment, plumbing, warm air heating installation and equipment, and housing, for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; to adopt by reference building, housing, plumbing, electrical, gas, mechanical, and heating and air-conditioning codes; and to regulate all housing, building, and building trades, and to license all building trades and to license the construction and erection of buildings and all other structures. (mm) Dangerous structures. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public. (nn) Adoption of published codes, etc. To adopt by reference any codes, publication or compilation of rules, regulations, specifications, standards, limitations, or requirements by an agency of the federal, State or county government or by a municipality, by a trade association or other organization generally recognized as an authority in its field of activity. (oo) 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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(pp) 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. (qq) 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. (rr) Nuisances. To define a nuisance in the city and to provide for its abatement, whether on public or private property. (ss) Alcoholic beverages. To regulate and control the manufacture, sale or transportation of alcoholic beverages, and license and tax the same in a manner not inconsistent with the law. (tt) 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 its citizens. (uu) 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. (vv) Dangerous activities or conditions. To regulate or prohibit junk dealers, pawnshops, 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. (ww) Penalty for violation of ordinances, etc. To provide that upon the conviction of the violation of any ordinance, code, rule, regulation, or order, the offender may be punished by a fine not to

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exceed one thousand dollars ($1,000.00) or confinement in the city jail for a term not to exceed six (6) months or both such fine and imprisonment in the discretion of the judge of the municipal court. (xx) Inquiries and investigations. To 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 mayor and city council shall be punished as provided by ordinance. (yy) Additional powers generally. To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals and general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution and other laws of the State. 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 instead 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. Any other provisions of this charter notwithstanding, all legislative power shall be vested in the city council. Section 2-10. Mayor's powers and duties. (a) The mayor shall be the presiding officer of the city council. He shall also be the chief executive officer of the city government and shall see that all laws, ordinances, orders, bylaws, resolutions, and regulations of the city or of any departments of the city are properly executed and enforced, and that all officers of the city shall properly execute and perform their duties. Subject to the provisions of this charter, he shall have control of the police department of the city and shall see that the peace and good order of the city are preserved and that persons and property therein are protected. He shall exercise general supervision over the affairs of the city and shall make such recommendations

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to the city council from time to time as may to him seem proper for the public good. (b) In the absence, disqualification or disability of the mayor, the mayor pro tem shall discharge his functions; and if he, for the same reasons cannot act, then another member of the city council shall be selected by the councilmen to act temporarily. Section 2-11. 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 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. ARTICLE III. ELECTIONS Section 3-1. Electors. Any person who is a resident of the city and who is registered as an elector by the city clerk shall be eligible to vote in a city primary or election. The council shall provide by ordinance for the manner of registration of voters. Section 3-2. Filing for office. All candidates for mayor or the city council shall file with the city clerk, in a book kept for such purpose, at least fifteen (15) days before the election day paying any required qualification fee to the city clerk. No person shall be qualified and eligible to hold the office of mayor or councilman or have his name placed upon the ballot of a city election who does not comply with the provisions of this Section. Section 3-3. Councilmen. (a) Councilmen shall be elected and hold office for terms of two (2) years with terms expiring on the second Monday in December of the appropriate year and until their respective successors in office are elected and qualified. (b) The city council is hereby divided into six posts to be designated Post No. 1, Post No. 2, Post No. 3, Post No. 4, Post No. 5, and Post No. 6. The councilman to be elected in the municipal elections to be held in each even-numbered year shall be elected to Post No. 1, Post No. 2, and Post No. 3 respectively. The councilman to be

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elected in the municipal elections to be held in each odd-numbered year shall be elected to Post No. 4, Post No. 5 and Post No. 6 respectively. Any person seeking election as a councilman shall designate the city council post to which he seeks election and shall seek election only to the post so designated. (c) The provisions of this Section shall not be construed as requiring the division of the territory of the city councilmanic districts or the establishment of councilmanic districts. Section 3-4. Mayor. The mayor shall be elected and hold office for a term of two (2) years expiring on the second Monday in December of each even-numbered year and until his successor is appointed and qualified. Section 3-5. Election to be by majority vote. Any provision of this charter to the contrary notwithstanding, no person shall be elected mayor or councilman in any election unless such person has received a majority of the votes cast to fill the office of mayor or councilman. Section 3-6. Standing committees. At the first regular meeting in December of each year the mayor shall appoint standing committees of the city council whose duties shall be as provided by the council. ARTICLE IV. LEGISLATION Section 4-1. Generally. (a) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, or the Constitution and the laws of the State, or the United States, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the city, and may enforce the same by imposing penalties for violation thereof. (b) Any action of the city council having a regulatory or penal effect or otherwise required to be done by ordinance, shall be done only by ordinance. The appointment of city officers or employees

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and the waiving of the rules of the city council may be done by simple motion. Any action of the city council which is not required or permitted by State law or this charter to be done by ordinance or permitted by this charter to be done by motion shall be done by resolution. Section 4-2. Enactment procedure. (a) Except as otherwise provided herein, every official action of the council which is to become law shall be introduced in writing in the form required for final adoption. (b) No ordinance shall be valid if it refers to more than one subject matter or contains matter different from what is expressed in its title. (c) The provisions of subsection (b) shall not be construed to prohibit the adoption of a code of ordinances or the adoption of building, housing, plumbing, electrical, mechanical and air-conditioning codes for the Georgia Rules of the Road (Georgia Code, Title 68A), by reference. (d) The enacting clause of all ordinances shall be as follows: Be it ordained by the City Council of the City of Nashville, Georgia. If the enacting clause of an ordinance is not verbatim the language required above, but is substantially the language required above, the ordinance shall be valid. If the enacting clause of an ordinance is not verbatim the language required above, or is not substantially the language required above, the ordinance shall be invalid. (e) The affirmative vote of a majority of the city council present shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter. (f) An ordinance may be introduced by any member of the city council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the city council in accordance with the rules which it shall establish; provided, however, that all ordinances, except emergency ordinances, shall not be adopted until the next regular meeting of the council

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following the meeting of their initial introduction. Upon introduction of any ordinance, the city clerk shall distribute a copy to the mayor, and to each councilman, and shall file a reasonable number of copies in the office of the clerk and at such other public places as the council may designate. (g) 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 a majority of the total membership of the city council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. (h) Upon becoming law the title of all ordinances shall be published once in a newspaper of general circulation in the city. The city clerk shall attest to such publication in the official records of the city. (i) Ordinances shall become effective upon the date provided therein; provided, however, that no ordinance shall become effective: (1) Prior to its becoming law; (2) Prior to the publication of the title in a newspaper of general circulation in the city, as provided in subsection (h) except that this clause shall not apply to emergency ordinances. If no effective date is specified in an ordinance, it shall become effective upon its becoming law and after its publication as required in subsection (i).

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(j) The enactment procedures for resolutions and motions of the city council shall be as provided by rules of the council, except as otherwise provided in this charter. Section 4-3. When legislation becomes law. (a) No ordinance or resolution adopted by the city council shall become law until it has been approved in writing by the mayor; provided, however, that if the mayor fails to approve an ordinance or resolution before the next regularly scheduled meeting of the city council it shall be deemed to have been approved by him. Upon his disapproval of an ordinance or resolution, the mayor shall submit it to the city council through the city clerk, together with a written statement of his reasons for disapproval. An ordinance or resolution which is disapproved by the mayor, together with his written reasons therefor, shall be presented by the city clerk to the city council at its next regularly scheduled meeting and should the council again adopt the ordinance or resolution by a two-thirds vote of all of its members, it shall become law. (b) Any action of the city council which is not in the form of an ordinance or resolution shall become law as provided in the rules adopted by the city council or in such action. Section 4-4. Signing, authenticating, recording. The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose of all ordinances and resolutions which become law. Section 4-5. Existing ordinances, resolutions, etc. All ordinances, resolutions, bylaws, rules and regulations, now in force in the city, not inconsistent with this charter, are hereby declared valid and of force and effect until amended or repealed by the city council. ARTICLE V. OFFICERS AND EMPLOYEES Section 5-1. City administrator. The mayor, with the consent of the city council, may appoint a city administrator who shall hold office until his employment is terminated by the mayor, with the consent of the council. The administrator shall, during his employment, be a resident of the city. The administrator shall receive such compensation as the city council may provide. The administrator may be delegated such nonlegislative and nonjudicial functions as the council may provide by ordinance.

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Section 5-2. Oaths. (a) Employees of the city who are required to do so by the mayor or this charter shall take the following oath of office: I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office (or position, as the case may be) of (insert name of office or position) of the City of Nashville, Georgia, and will to the best of my ability, preserve, protect, and defend the city charter, the Constitution of the State of Georgia and the Constitution of the United States of America. (b) It shall be unlawful for any person to violate his oath of office. Any person violating such oath shall be subject to removal from office in the manner provided in this charter, or to punishment to the maximum extent authorized for violations of city ordinances, or to both such removal and punishment. Section 5-3. Official bonds. The mayor is hereby authorized to require bonds of any nonelected city officer or employee with approved corporate or other surety and conditioned on such person faithfully performing the duties of his office. The premium on such a bond shall be paid with funds taken from the city treasury. Section 5-4. Residency requirements. All appointed officers or employees of the city shall be residents of the county during their employment, except as otherwise provided in this charter. Section 5-5. Political activity prohibited. (a) No officer or employee of the city shal be a candidate for any public office or take an active part in a political campaign while on duty or within any period of time during which he is expected to perform services for which he receives compensation from the city. (b) No city officer or employee shall use the authority of his position or office to secure support for, or oppose any candidate in a city election. (c) Any person violating any of the provisions of this Section shall be subject to such fine and confinement as shall be determined by ordinance, or by removal from office in the manner provided in this charter, or by both such fine and confinement and removal.

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Section 5-6. Appointment of department heads. All department heads shall be appointed by the mayor with the consent of the city council. The terms of such department heads shall be as fixed by ordinance, but shall never exceed two (2) years. Section 5-7. Police department. (a) Except as otherwise provided by State law, or city ordinance or resolution, the members of the police department shall have the power and duty to enforce all laws and city ordinances. (b) In addition to the arrest powers conferred upon them by general law, members of the police department are hereby empowered to arrest in hot or fresh pursuit outside the city limits persons whom they would be authorized to arrest had such persons remained within the city limits. The term hot or fresh pursuit in addition to its commonly accepted meaning shall include pursuit without unreasonable delay. (c) There shall be a committee, known as the police committee, which shall consist of the mayor, the mayor pro tem, and one other councilman elected by the council for a period of one year. The mayor shall be chairman of this committee. The police committee shall have control of the police department, subject to the direction of the entire council. Section 5-8. Impeachment and removal. (a) The mayor, members of the city council, the judge of the Municipal Court of the City of Nashville, and any department heads who serve for a fixed term of office shall be subject to impeachment and removal from office for: (1) Violation of any of the criminal laws of the State, except minor traffic offenses; or (2) Violation of their oaths of office; or (3) Violation of Section 5-4 or 5-5 of this charter or both such Sections; or (4) Willful neglect or failure to perform the duties of his office; or

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(5) Private misconduct as readers his office a subject of reproach to the public, or makes him unfit to discharge the duties of his office and prevents the true performance thereof. (b) Upon a majority vote of the entire membership of the city council, articles of impeachment shall be prepared. The procedure to be followed in the trial of articles of impeachment shall be as determined by the mayor and council except that if the mayor is on trial, a judge of the superior court shall preside. (c) No person shall be eligible to vote on any matter concerning his own impeachment. (d) Upon conviction, a person shall be removed from office and shall not be eligible to hold city office or employment again. (e) The impeachment process shall not affect the criminal or civil liability of any person. Section 5-9. Charter as defense to lawsuits. Any city officer or employee who is sued for any act done in his official capacity, may justify such action under this charter, and the provisions of this charter may be pleaded and shall be a full defense for such an act. ARTICLE VI. MUNICIPAL COURT Section 6-1. Generally. There is hereby established a court to be known as the Municipal Court of the City of Nashville, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. The court shall have the power and authority to: (a) Enforce its judgments by the imposition of such penalties as may be provided by law; (b) 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;

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(c) 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. The court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tem shall preside and shall exercise the same powers and duties as the judge when so acting. Should both the judge and judge pro tem become disqualified, then any member of the city council may be designated to preside with the same powers and duties as the judge when so acting. Section 6-2. Judge. (a) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of twenty-one (21) years and shall be a member of the State Bar of Georgia. The judge shall be appointed by the mayor and shall serve at the discretion of the city council, to be relieved of his duties as judge only by a majority vote of the council and mayor. The compensation of the judge shall be fixed by the mayor and council. (b) The judge pro tem shall serve in the absence of the judge, shall have the same qualifications as the judge, shall be appointed by the council, and shall take the same oath as the judge. (c) Before entering on duties of his office, the judge shall take such oath before an officer duly authorized to administer oaths in this State, as required for nonelected officers or employees in this charter. The oath shall be entered upon the minutes of the council. Section 6-3. Convening. The Municipal Court of the City of Nashville shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 6-4. Jurisdiction and powers generally. (a) The Municipal Court of the City of Nashville 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 seventy-five dollars ($75.00) or thirty (30) days in jail. The municipal court may fix punishment for offenses within its jurisdiction by a fine of up to one thousand dollars ($1,000.00) or confinement in the city jail for up to six (6) months or both such fine and confinement.

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(b) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court, and shall have discretionary authority to accept cash or personal or real property or personal endorsement as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his sureties with a rule nisi, at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial the cash so deposited shall be on order of the judge declared forfeited to the city, 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 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 shall have the jurisdiction and powers throughout the entire area of the city granted by State law generally to mayor's, recorder's, police and justice of the peace courts, including, but not limited to those laws authorizing the abatement of nuisances.

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Section 6-5. Appeals. (a) Anyone convicted in the municipal court of any offense shall have the right to appeal to the Superior Court of Berrien County; 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, and provided, further that before an appeal can be had there must be filed with the city clerk a notice of appeal and the accrued court costs (which include jail costs) which must be paid by cash or certified check unless the appellant files with the city clerk an affidavit stating that because of his poverty he is unable to pay the court costs. (b) Once an appeal is filed the appellant shall be entitled to an appeal bond, which bond shall be a cash bond the amount to be specified by the judge of the municipal court. The amount of the cash bond shall be posted and deposited with the city clerk before the appellant's release or the court in its discretion can release the appellant on a property surety bond of a specified amount, which bond must be approved by the sheriff of the county of which the surety is a resident. Section 6-6. Rules. The Judge of the Municipal Court of the City of Nashville 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 city council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants or their attorneys in municipal court proceedings at least forty-eight (48) hours prior to the proceedings. Section 6-7. Employees. The mayor and city council shall furnish the judge of the municipal court such employees as the judge deems necessary for the proper conduct of court. ARTICLE VII. FINANCE AND TAXATION 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

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or institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 7-2. Expenditures to be in accordance with budget. No expenditure shall be make except in accordance with the budget ordinance adopted annually by the city council. Section 7-3. Taxation. (a) The mayor and city council shall have full power to levy and collect an annual ad valorem tax, on all property within the city which is taxable under the laws of the State, for the purpose of supporting and maintaining and bearing the general expense of city government. (b) Taxes shall be due and payable on December twenty of each year unless such day is a Sunday, in which case taxes shall be due and payable on the following business day; taxes shall be a lien on all property as owned on January one of each year. (c) Taxes which are not paid when due shall be subject to such interest and penalties as are established by ordinance. Section 7-4. Executions generally. (a) Executions shall be issued for unpaid city taxes and any unpaid interest and penalties thereon of February one in each year, or if such day is a Sunday, then on the following business day, and shall be enforced by levy as herein provided. (b) All executions issued against persons, who fail to pay any license fee or tax assessment owed to the city shall be signed and issued by the city clerk, shall bear teste in the name of the mayor, and shall be directed to and enforced and levied by the chief of police who, after levying the same upon the property of the defendant in fi. fa. or the property against which it is issued, shall, if the property levied on be personal property advertise the sale by posting notices thereof in three (3) or more public places in said city for ten (10) days before the day of sale; and if the property be real estate, he shall advertise the same once a week for four weeks in the public gazette in which the sheriff's sales of the county are advertised, before selling the same. (c) All sales under execution shall be sold before the door of the county courthouse. Sales shall be made under the rules and laws

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governing sheriff's sales. When personal property is sold, the chief of police shall deliver the possession thereof at once to the purchaser and a bill of sale if he so desires. When real estate is sold, the chief of police shall make to the purchaser a deed, and upon application of the purchaser or his agent shall put such purchaser or agent in possession of the real estate sold. Section 7-5. Transfer of execution for street, sewer, etc. assessments; redemption by owner . (a) The chief of police or collecting officer of the city shall be authorized to transfer and assign any fi. fa. or execution issued for street, sewer or 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 right as in cases of sales or transfers of tax fi. fas. as provided by law. (b) On sales of property made under execution in behalf of the city for the collection of street, sewer and other assessments, the owners, may redeem same within the same time and on compliance with the same terms of the payment of the same premium, interest and costs, as in cases of redemption of property where sold under tax fi. fas. Section 7-6. Affidavit of illegality of executions . Whenever any execution issued by the proper authority of the city for taxes, licenses, assessments, fines, forfeitures or any other charge or demand due the city, shall be levied upon any property, the defendant in fi. fa. shall have the right to file an affidavit denying that the whole or any part of such execution is due and the reason same is not due, and stating what amount is admitted to be due (which amount so admitted shall be paid before said affidavit shall be received, and said affidavit shall be received for the balance) with bond and security for the forthcoming of the property levied upon, if same is personal property; and said affidavit so presented shall be returned to the justice court or superior court of the county and there tried and the issue determined as in cases of other affidavits of illegality returnable to said court, subject to all the pains and penalties provided for in cases of illegality or delay. Such affidavits of illegality and the procedures in reference thereto being governed by the rules and laws governing such matters in the courts of the State.

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ARTICLE VIII. MISCELLANEOUS PROVISIONS Section 8-1. Severability . In the event any Section, subsection, sentence, clause or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Sections, subsections, sentences, clauses or phrases of this 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 charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 8-2. Repeal of Prior Acts . This Act shall constitute the whole charter of the city, repealing all previous charter laws and other Acts of the General Assembly solely relating to the City of Nashville, Georgia, including, but not limited to, the following are hereby repealed: (a) Georgia Laws 1892, Act No. 26, Page 162, being an Act entitled: An Act to incorporate the Town of Nashville in Berrien County; and for other purposes. (b) Georgia Laws 1901, Act No. 99, Page 374, being an Act entitled: An Act to establish a new charter for the Town of Nashville in the County of Berrien, State of Georgia; to grant certain privileges to said town; to repeal all Acts in conflict; to define the limits of the same; to provide for the elections of officers; to prescribe their duties, rights and powers; and for other purposes. (c) Georgia Laws 1906, Act No. 661, Page 910, being an Act entitled: An Act to amend the charter of the City of Nashville, providing for the extension of the corporate limits of said city, and also providing for amendment or repeal of existing laws relating to the extension of the corporate limits of the City of Nashville; and for other purposes.

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(d) Georgia Laws 1910, Act No. 538, Page 956, being an Act entitled: An Act to amend the charter of the City of Nashville, in the County of Berrien, and for other purposes. An Act to amend the charter of the City of Nashville to provide that all valid contracts heretofore entered into by the City of Nashville, or by its authorized officials, shall be good and valid for or against the City of Nashville; to provide that all bylaws and ordinances heretofore passed, not in conflict with this charter shall be binding and enforceable; to define its corporate limits; to provide a government for said city and to confer certain rights, powers and privileges on same; to continue and confirm certain powers heretofore granted to said corporation, and also its public schools and waterworks system, and the regulations and ordinances in force in said city; to provide for a mayor and board of aldermen and other officers for the City of Nashville and to prescribe their powers and duties, and the manner of their election; to provide for streets and sidewalks, and the working or paving of the same; to provide for a system of sanitary sewerage; to provide for a system of waterworks; to provide for a board of health; to declare and define the police powers of said city; to provide for the condemnation of private, public or semipublic property for the use of said city, and a method of arriving at the value of such property and compensating the owner thereof; to authorize the City of Nashville to establish a public school system, a system of waterworks and a system of electric lights, to authorize said city to issue bonds and other evidences of debt for public purposes; to provide for taxation and the granting of licenses to all kinds of businesses, trades, callings or professions; and to provide for other matters of municipal regulation, concern and welfare; and for other purposes. (e) Georgia Laws 1915, Act No. 237, Page 759, being an Act entitled: An Act to amend the Act incorporating the City of Nashville, in the County of Berrien, State of Georgia, approved December 17, 1900, and the Acts amendatory thereof, so as to extend the corporate limits of said City of Nashville a distance of one mile in every direction from the present courthouse site in the center of the public square in said city; and for other purposes.

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(f) Georgia Laws 1915, Act No. 255, Page 749, being an Act entitled: An Act to amend an Act incorporating the City of Nashville in Berrien County, Georgia, so as to create within the territorial limits of said City of Nashville, Georgia, a special school district in and for said city to be known as the City of Nashville School District; to provide for the election of certain officers therefor; to grant power and authority to such officers; to provide for the levying of taxes upon the property within the limits of said City of Nashville for the maintenance of said school; to provide plans and means whereby the proportionate part of the funds to which the children within the limits of said city shall be received from the State school commissioner and how the children to attend said school living without the limits of said City of Nashville shall have their proportionate part of the funds to which they shall be entitled from the State, pro rata, paid over by the county school superintendent to school herein to be created; and for other purposes. (g) Georgia Laws 1919, Act No. 127, Page 1150, being an Act entitled: An Act to amend an Act entitled an Act to amend the Act in corporating the City of Nashville, in Berrien County, providing for the creation of a system of municipal schools in and for said city, approved August 16, 1915, such amending Act to provide for the levying of a tax for the maintenance of such schools in a sum not exceeding three-fourths of one per centum of the property within the limits of said city, such tax not to be part of any other levy made by the tax levying authorities of said City of Nashville, nor shall the moneys raised by such tax levied for school purposes under the Act so amended be used for any other purpose than for the support and maintenance of the public schools of said city; and for other purposes. (h) Georgia Laws 1925, Act No. 25, Page 1301, being an Act entitled: An Act to repeal Sections XLVI to LXIII both inclusive of an Act entitled an Act to amend an Act incorporating the City of Nashville, Berrien County, Georgia, so as to create within the territorial limits of the said City of Nashville, Georgia, a special school

Page 4050

district in and for said city to be known as the City of Nashville School District, approved August 16, 1915, as shown in Georgia Laws of 1915 from pages 749 to 759 both inclusive. (i) Georgia Laws 1926, Act No. 25 (second session), Page 160, being an Act entitled: An Act to amend an Act of the General Assembly of Georgia, reincorporating the City of Nashville, in the County of Berrien, approved August 15, 1910, so as to authorize and empower the City of Nashville, by its mayor and council, to establish and change the grade of any streets, avenues, alleys, lanes, sidewalks and other places in the City of Nashville, and to improve the same; to provide for the procedure for such grading, improving and paving, and for making and collection of assessments for the same, and for establishing a loan therefor to provide for the payment of such grading, improvement, and paving entirely or partially by the abutting and adjacent property owners on the basis of ten percent, yearly for ten (10) years; to provide for the issuance of bonds as the City of Nashville by its mayor and council, to be known as `street improvement bonds,' and for the payment of the same; to provide for the renewal of any such paving and other paving previously laid; and for other purposes. (j) Georgia Laws 1927, Act No. 112, Page 1426, being an Act entitled: An Act to amend an Act incorporating the City of Nashville, Berrien County, Georgia, so as to change the time of electing a mayor and council; and for other purposes. (k) Georgia Laws 1938, Act No. 309, Page 1224, being an Act entitled: An Act to amend the charter of the City of Nashville, in the County of Berrien, approved August 15, 1910, so that when amended, the salary of the mayor of said city shall not exceed the sum of three hundred dollars ($300.00) and shall not be less than one hundred dollars ($100.00) and the salary of each alderman shall not exceed one hundred dollars ($100.00) and shall not be less than fifty dollars ($50.00); and for other purposes.

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(l) Georgia Laws 1945, Act No. 47, Page 559, being an Act entitled: An Act to amend an Act granting to the City of Nashville, Georgia, a charter approved August 15, 1910, Georgia Laws 1910, Page 956 et seq., and all amendatory Acts thereof, to grant to the governing authorities of the City of Nashville authority to pass zoning and planning laws whereby the City of Nashville may be zoned or districted for various uses, and other different uses prohibited therein, and regulate the use for which said zones or districts may be set apart, and regulate the plans for development and improvement of real estate; and for other purposes. (m) Georgia Laws 1960, Act No. 923, Page 3301, being an Act entitled: An Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), an Act approved August 16, 1915 (Ga. Laws 1915, p. 749), and an Act approved August 3, 1927 (Ga. Laws 1927, p. 1426), so as to change the time of electing a mayor and aldermen; to change the term of office of the mayor; to fix the qualifications of the mayor and aldermen and to provide the fee and manner of qualifying as candidates; to provide salaries of the mayor and aldermen; to fix qualifications of voters in city elections; to provide for permanent registration of voters; to provide for closing of registration books; to fix the hours of voting; to provide for the appointment of election managers; to provide for the qualifications of voters; to repeal conflicting laws; and for other purposes. (n) Georgia Laws 1968, Act No. 1253, Page 3754, being an Act entitled: An Act to amend an Act creating a new charter for the City of Nashville, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, so as to change the corporate limits of said city; to repeal conflicting laws; and for other purposes. (o) Georgia Laws 1972, Act No. 1008, Page 2557, being an Act entitled:

Page 4052

An Act to amend an Act establishing a new charter for the City of Nashville, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), so as to provide that candidates seeking election as aldermen shall seek election only to designated posts; to provide for the designation of posts; to provide that no person shall be elected mayor or alderman of the City of Nashville in any election unless such person shall have received a majority of the votes cast to fill the office of mayor or alderman; to provide for meetings of the mayor and aldermen; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. (p) Georgia Laws 1973, Act No. 623, Page 3441, being an Act entitled: An Act to amend an Act establishing a new charter for the City of Nashville, Berrien County, approved December 17, 1900 (Ga. Laws 1900, p. 374), as amended, particularly by an Act approved August 15, 1910 (Ga. Laws 1910, p. 956), and an Act approved March 23, 1960 (Ga. Laws 1960, p. 3301), so as to change the method of fixing the salary of the mayor and aldermen to create the Municipal Court of the City of Nashville; to provide for a judge for said court; to provide for the time for convening said court; to provide for jurisdiction of said court; to provide for powers of said court; to provide for appeal from said court; to provide for rules for said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Section 8-3. Effective Date. This Act shall become effective on...... Section 9-1. From henceforth or upon the enactment of this charter the City of Nashville shall be known as the City of Nashville, the City of Dogwood. Section 10-1. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply For Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to establish a complete new charter for the City of Nashville to provide for all matters relative thereto; to repeal conflicting laws; and for other purposes. This 13th day of December, 1977. /s/ Mayor and Council of City of Nashville, Georgia Perry Franklin, P. C. P. O. Box 647 Nashville, Georgia 31639 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/she is Representative from the 146th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Berrien Press which is the official organ of Berrien County, on the following dates: December 15, 1977, December 22, 1977 and December 29, 1977. /s/ Monty Veazey Representative, 146th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4054

HOUSTON COUNTYCORONER'S COMPENSATION. No. 1095 (House Bill No. 1719). AN ACT To amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2638), as amended, so as to change the provisions relating to the compensation, expenses and travel allowance of the coroner; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2638), as amended, is hereby amended by striking Section 2, which reads as follows: Section 2. The coroner shall receive an annual salary of $2,250.00, payable in equal monthly installments from the funds of Houston County. The said coroner shall also receive a travel allowance of $50.00 per month to be paid from county funds., and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The coroner shall receive an annual salary of not less than $3,000.00, payable in equal monthly installments from the funds of Houston County. The coroner shall also receive expenses and a travel allowance to be paid from county funds. The amount of such salary, expenses and travel allowance shall be fixed by the governing authority of Houston 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 4055

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensating the Coroner of Houston County and providing for an annual salary, approved February 28, 1966 (Ga. Laws 1966, p. 2638), as amended; and for other purposes. This 6th day of January, 1978. /s/ Larry Walker Representative, 115th District /s/ Ted W. Waddle Representative, 113th District /s/ Roy H. Watson, Jr. Representative, 114th District /s/ Ed Barker Senator, 18th District Georgia, Houston County. Personally appeared before me this date, Bobby Branch, publisher of The Houston Home Journal, Perry, Ga., the Official Organ of Houston County, Georgia, who certifies that the Legal Notice, of intention to introduce local legislation Act abolishing the fee system was published in The Houston Home Journal on the following dates: January 12, 19, 26, 1978. This 26th day of January, 1978. /s/ Bobby Branch Publisher, Houston Home Journal Perry, Georgia Sworn to and subscribed before me, this 26th day of January, 1978. /s/ Janice Colwell Notary Public, Georgia, State at Large. My Commission Expires March 2, 1980. (Seal). Approved March 17, 1978.

Page 4056

WAYNE COUNTYCORONER'S COMPENSATION. No. 1096 (House Bill No. 1756). AN ACT To abolish the present mode of compensating the coroner of Wayne County, known as the fee system; to provide in lieu thereof a salary and an expense allowance; to provide for the payment of the operating expenses of said office; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the coroner of Wayne County, known as the fee system, is hereby abolished and in lieu thereof a monthly salary and an expense allowance for such officer is prescribed as hereinafter provided. Section 2. The coroner shall receive a monthly salary of $100.00, payable from the funds of Wayne County. In addition thereto, the coroner shall receive a monthly automobile expense allowance of $50.00, payable from the funds of Wayne County. Section 3. The necessary operating expenses of the coroner's office shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance thereof, as may be reasonably required in discharging the official duties of said office, shall be furnished by the county and shall be paid from any funds of the county available for such purpose.

Page 4057

Section 4. The compensation and expense allowance provided for the coroner pursuant to the provisions of this Act shall be in lieu of all fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of whatever kind which shall be allowed the coroner. All such fees, costs, commissions, allowances, moneys and all other emoluments and perquisites of whatever kind shall become the property of the county and shall be paid to the fiscal officer of the county at least once a month. 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 a bill will be introduced in the 1978 Session of the General Assembly of Georgia to change the present mode of compensating the Coroner of Wayne County which is by the fee system to a monthly salary of $100.00 plus $50.00 automobile expense allowance payable from the funds of Wayne County together with the operating expenses for said office which shall include but not limited to all furniture, furnishings, fixtures, utilities and equipment as may be reasonably required in the operation of said office; and for other purposes. Dated: December 20, 1977. /s/ Alvin Leaphart, County Attorney Wayne County, Georgia 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/she 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

Page 4058

organ of Wayne County, on the following dates: December 22, 1977, December 29, 1977 and January 5, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 8th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. LIBERTY COUNTYSALARY OF CLERK OF SUPERIOR COURT, DEPUTIES. No. 1097 (House Bill No. 1870). AN ACT To amend an Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2537), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3201), so as to change the compensation of the clerk of the superior court; to authorize the clerk of the superior court to employ a deputy clerk and two full-time clerks; to provide for the compensation of such clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the compensation of the Sheriff and the Clerk of the Superior Court of Liberty County, approved

Page 4059

February 16, 1955 (Ga. Laws 1955, p. 2340), as amended, particularly by an Act approved March 12, 1970 (Ga. Laws 1970, p. 2537), and an Act approved April 17, 1973 (Ga. Laws 1973, p. 3201), is hereby amended by striking from Section 2 the following: $10,000.00, and inserting in lieu thereof the following: $17,300.00, so that when so amended Section 2 shall read as follows: Section 2. The Clerk of the Superior Court of Liberty County shall be compensated in the amount of $17,300.00 per annum, to be paid in equal monthly installments from the funds of Liberty County. This compensation shall be in lieu of fees which said clerk has heretofore received. This compensation shall be all-inclusive and the clerk shall receive no other compensation for any service as clerk or ex officio clerk of any other court. 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 is hereby authorized to employ a deputy clerk and two full-time clerks. The deputy clerk and full-time clerks shall receive an annual salary as determined by the governing authority of Liberty County and payable in equal monthly installments out of the funds of Liberty County. Section 3. The provisions of Section 1 of this Act shall become effective July 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4060

Notice of Intention to Introduce Local Legislation. Pursuant to approval of the Commissioners of Roads and Revenues of Liberty County, Georgia, legislation will be introduced at the regular 1978 session of the General Assembly of Georgia to change the compensation of the following officers and employees of Liberty County, Georgia: The Sheriff of Liberty County, the Clerk of Superior Court, the Deputy Tax Commissioner of Liberty County, the Judge of Probate Court, and the Clerk of Probate Court. In addition, legislation will also be introduced to establish the number and compensation of Deputy Clerks and full-time assistants for the Superior Court Clerk's Office. This 17th day of January, 1978. /s/ Rene D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp who, on oath, deposes and says that he/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Rene D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4061

LIBERTY COUNTYSALARY OF CLERK OF PROBATE COURT. No. 1098 (House Bill No. 1872). AN ACT To amend an Act supplementing the fees of the Judge of the Probate Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2342), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3333), so as to change the compensation of the clerk of the judge of the probate court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act supplementing the fees of the Judge of the Probate Court of Liberty County, approved February 16, 1955 (Ga. Laws 1955, p. 2342), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3333), is hereby amended by striking from subsection (b) of Section 1 the following: $3,600.00, and inserting in lieu thereof the following: $5,512.00, so that when so amended subsection (b) of Section 1 shall read as follows: (b) The judge of the probate court is hereby authorized to employ one full-time clerk, who shall be compensated in the amount of $5,512.00 per annum, which shall be paid in equal monthly installments from the funds of Liberty County. Said clerk shall perform such duties as may be lawfully assigned or delegated by the judge of the probate court. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4062

Notice of Intention to Introduce Local Legislation. Pursuant to approval of the Commissioners of Roads and Revenues of Liberty County, Georgia, legislation will be introduced at the regular 1978 session of the General Assembly of Georgia to change the compensation of the following officers and employees of Liberty County, Georgia: The Sheriff of Liberty County, the Clerk of Superior Court, the Deputy Tax Commissioner of Liberty County, the Judge of Probate Court, and the Clerk of Probate Court. In addition, legislation will also be introduced to establish the number and compensation of Deputy Clerks and full-time assistants for the Superior Court Clerk's Office. This 17th day of January, 1978. /s/ Rene D. Kemp Representative, 139th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp who, on oath, deposes and says that he/she 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 19, 1978, January 26, 1978 and February 2, 1978. /s/ Rene D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4063

LONG COUNTYDEPUTY SHERIFFS. No. 1099 (House Bill No. 1900). 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. Laws 1963, p. 2021), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3039), so as to authorize the board of commissioners to fix the compensation of deputy sheriffs within a certain salary range; to change the number of deputy sheriffs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act placing the Sheriff of Long County on an annual salary in lieu of the fee system of compensation, approved February 28, 1963 (Ga. Laws 1963, p. 2021), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3039), is hereby amended by striking the third paragraph of Section 1 in its entirety and inserting in lieu thereof a new third paragraph of Section 1, to read as follows: The Sheriff of Long County shall have the authority to appoint four deputies. The salary of each deputy shall not be less than $550.00 per month and not more than $750.00 per month, the exact amount to be determined by the board of commissioners, payable monthly out of the funds of Long County. The sheriff may appoint a fifth deputy with the concurrence of the board of commissioners, and such deputy may be a part-time employee. The minimum salary requirements shall not apply to such deputy if he is part time. The sheriff is also authorized to hire additional deputies for emergency purposes only, and the compensation of such deputies shall be determined by the Board of Commissioners of Long County and shall be paid out of the funds of Long County. Section 2 . All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4064

Notice of Intent to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to provide for salaries and the number of deputies for the Long County Sheriff's Department. This 28th day of January, 1978. /s/ Rene D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Rene D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4065

STATE COURT OF LONG COUNTYSOLICITOR'S SALARY. No. 1100 (House Bill No. 1902). AN ACT To amend an Act creating the State Court of Long County, approved August 6, 1921 (Ga. Laws 1921, p. 364), as amended, particularly by an Act approved March 8, 1945 (Ga. Laws 1945, p. 989), an Act approved February 12, 1951 (Ga. Laws 1951, p. 2327) and an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2185), so as to authorize the board of commissioners to fix the compensation of the solicitor of said court within a certain salary range; 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 Long County, approved August 6, 1921 (Ga. Laws 1921, p. 364), as amended, particularly by an Act approved March 8, 1945 (Ga. Laws 1945, p. 989), an Act approved February 12, 1951 (Ga. Laws 1951, p. 2327) and an Act approved February 5, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2185), is hereby amended by striking from Section 5 the following: The said solicitor shall receive a salary of fifteen hundred dollars ($1,500.00) per annum, to be paid in monthly installments of one hundred twenty-five dollars ($125.00) each, out of the funds of said Long County, Georgia, which said salary shall be in lieu of all fees heretofore allowed said solicitor, and all fees heretofore allowed said solicitor shall be paid over to the proper authority designated by law to manage the fiscal affairs of the County of Long, and by said authority deposited in the general fund of said county., and inserting in lieu thereof the following: The said solicitor shall receive a salary of not less than $3,600.00 per annum and not more than $4,800.00 per annum, the exact amount to be determined by the Board of Commissioners of Long County, payable in equal monthly installments out of the funds of Long County, which said salary shall be in lieu of all fees

Page 4066

heretofore allowed said solicitor, and all fees heretofore allowed said solicitor shall be paid over to the proper authority designated by law to manage the fiscal affairs of Long County, and by said authority deposited in the general fund of said county. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill taking the Solicitor of the State Court of Long County, Georgia, off the fee system and placing him on a salary as in compliance with Georgia laws. This 28th day of January, 1978. /s/ Rene D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Rene D. Kemp Representative, 139th District

Page 4067

Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. LONG COUNTYSALARY OF SHERIFF'S CLERK. No. 1101 (House Bill No. 1903). 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. Laws 1963, p. 2021), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2306), so as to authorize the board of commissioners to fix the salary of the clerk of the sheriff within a certain salary range; 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. Laws 1963, p. 2021), as amended, particularly by an Act approved March 16, 1973 (Ga. Laws 1973, p. 2306), is hereby amended by striking the last paragraph of Section 1 in its entirety and inserting in lieu thereof a new last paragraph of Section 1, to read as follows: The sheriff shall also be authorized to employ a clerk, and said clerk shall have such duties and responsibilities as shall be assigned to him by the sheriff. The sheriff shall be authorized to designate and name said clerk as a deputy at his discretion. Said clerk shall receive a salary of not less than $5,200.00 per annum and not more than $7,200.00 per annum, the exact amount to be determined by the Board of Commissioners of Long County, payable in equal monthly installments out of the funds of Long County.

Page 4068

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intent to Introduce Local Legislation. Pursuant to a resolution passed unanimously by the Long County Board of Commissioners, notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill giving the Long County Commissioners the right to adjust the compensation of all of the Clerks and Deputy Clerks of Long County. This 28th day of January, 1978. /s/ Ren D. Kemp 139th District /s/ Dewey Rush 121st District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Rene' D. Kemp who, on oath, deposes and says that he/she is Representative from the 139th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Ludowici News which is the official organ of Long County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Ren D. Kemp Representative, 139th District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4069

CHATHAM COUNTYCOMPENSATION OF NAMED COUNTY OFFICERS. No. 1103 (House Bill No. 1922). AN ACT To provide for the compensation of certain county officers and officials of Chatham County; to provide for cost-of-living increases; to provide for reimbursement for continuing education programs; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding any other provision of law to the contrary, each of the officers and officials of Chatham County listed below shall receive a salary fixed by the governing authority of Chatham County, provided that said salary for each officer shall not be less than the stated minimum salary provided for each officer as follows: Officer Minimum Salary (1) Senior Judge of the State Court of Chatham County $ 32,500.00 (2) Associate Judge of the State Court of Chatham County $ 30,500.00 (3) Judge of the Probate Court of Chatham County $ 27,500.00 (4) Judge of the Juvenile Court of Chatham County $ 28,500.00 (5) Judge of the Recorder's Court of Chatham County $ 27,300.00

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The salaries provided for herein shall be paid in equal monthly installments from county funds. Section 2. The governing authority of Chatham County shall also reimburse each of the above named judges for reasonable expenses incurred while participating in continuing education programs for judges, provided that no judge shall be reimbursed for more than three weeks of continuing education programs for any one year. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the regular 1978 session of the Georgia General Assembly a bill to CHANGE THE COMPENSATION of the Judges of the State Court of Chatham County, the Judge of Juvenile Court of Chatham County; the Judge of Probate of Chatham County; and the Judge of the Recorder's Court of Chatham County to provide for other matters relative to said Courts, and for other purposes. This 10th day of January, 1978. /s/ Thomas R. Taggart Representative, 125th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas R. Taggart who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah News-Press

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which is the official organ of Chatham County, on the following dates: January 12, 1978, February 1, 1978 and February 8, 1978. /s/ Thomas R. Taggart Representative, 125th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. STATE COURT OF WAYNE COUNTYSOLICITOR'S SALARY, SECRETARIAL ALLOWANCE, ETC. No. 1104 (House Bill No. 1935). AN ACT To amend an Act establishing the State Court of Wayne County (formerly the City Court of Jesup in and for the County of Wayne), approved July 31, 1916 (Ga. Laws 1916, p. 248), as amended, particularly by an Act approved June 5, 1964 (Ga. Laws 1964, p. 2046), so as to change the compensation of the solicitor; to provide a secretarial 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 establishing the State Court of Wayne County (formerly the City Court of Jesup in and for the County of Wayne), approved July 31, 1916 (Ga. Laws 1916, p. 248), as amended, particularly by an Act approved June 5, 1964 (Ga. Laws 1964, p. 2046), is hereby amended by striking in its entirety Section 4 thereof and substituting in lieu thereof a new Section 4 to read as follows:

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Section 4. The solicitor of the State Court of Wayne County shall receive an annual salary in the amount of $7,200.00. In addition to such salary, an allowance of $50.00 per month shall be paid to the solicitor for secretarial services. The salary and allowance shall be paid monthly out of the funds of Wayne 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. The following legal notice was run in the official organ of Wayne County, The Press-Sentinel, on February 2, 9, 16, 1978. Notice of Notice is hereby given that during the 1978 regular session of the General Assembly of Georgia, now in session, it is the intention of the undersigned to introduce, apply for, and seek to have passed and approved a bill to amend an act to establish the City Court of Jesup (now State Court of Wayne County,) in and for Wayne County approved July 31, 1916, recorded in the Georgia Laws 1916, pages 248-263, and all amendatory acts thereto, to provide for a cost of living increase in the compensation paid to the Solicitor of said State Court, provide a secretarial allowance, to provide when effective, to repeal all conflicting laws, and for other purposes. This notice is given in pursuance of the Laws of Georgia. This 30th day of January, 1978. /s/ Joel R. Greene Representative, General Assembly of Georgia 138th District Post 2 /s/ W. H. Nesmith, Jr. Editor, The Press-Sentinel

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Signed, sealed and delivered in the presence of: /s/ Lawton H. Howard /s/ Lynda W. Hubbard Notary Public, Georgia State at Large. My Commission Expires June 14, 1981. (Seal). Approved March 17, 1978. CITY OF BLOOMINGDALECORPORATE POWERS, REFERENDUM. No. 1105 (House Bill No. 2051). AN ACT To amend an Act creating a Charter for the City of Bloomingdale for the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), so as to change the corporate powers; to provide for a referendum; to provide for issuance of bonds; 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 Bloomingdale for the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), is hereby amended by inserting an additional paragraph at the end of Section 1.04, to be designated paragraph (w) and to read as follows: (w) To purchase, finance, operate and maintain a municipal waterworks within the City of Bloomingdale, Georgia, with all its rights, appurtenances, equipment, franchises, systems and goodwill, now owned or operated within the City of Bloomingdale and its suburbs, by the owners thereof, Bloomingdale Water Works, Inc., at

Page 4074

a price to be agreed upon by and between the Mayor and Council of the City of Bloomingdale and the owners of said system of waterworks, at the time of sale; and the Mayor and Council of the City of Bloomingdale are hereby authorized to own, finance and operate within the City of Bloomingdale and County of Chatham a system of waterworks for supplying water to the citizens of the City of Bloomingdale and those living in the vicinity, and to provide adequate water for use and protection of the public, whenever the said City shall acquire the same as provided for in this Act. When the purchase price of said waterworks system has been ascertained, the Mayor and Council of the City of Bloomingdale shall have full power and authority, and it shall be their duty, to issue bonds, or secure other means of finance, in a sum not to exceed the total purchase price of said system, plus any projected necessary improvements in order to provide a waterworks system adequate for all consumers of water supplied from said system. To conduct a special election for the purpose of obtaining the assent of a majority of the qualified voters of the City of Bloomingdale, to the issue of said bonds or other means of finance, to purchase and operate said waterworks. If assent of a majority of the qualified voters in said special election is obtained for the issuing of bonds, or securing other means of finance, then the Mayor and Council shall use as much of the proceeds thereby obtained as may be necessary to purchase the said waterworks system at the price ascertained by this Act provided, free from all liens and encumbrances of every kind, and to provide for any extension or alteration of said system as is necessary to provide the citizens with an adequate water system. After said special election is held for the issue of said bonds or other method of financing, and the result of said election should be against the issue of said bonds or other method of financing for said purpose, then the Mayor and Council of the City of Bloomingdale shall have full power and authority to make a contract with the Bloomingdale Water Works, Inc., for supplying the City of Bloomingdale, and the citizens thereof, with adequate water for the uses of both; for such periods and on such terms as the parties may desire.

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After said special election is held for the issue of said bonds or other method of financing, and the result of said election shall be for the issuance of said bonds, or other method of financing, then the Mayor and Council of the City of Bloomingdale shall have full power and authority to constitute and appoint a Waterworks Commission, consisting of not less than three (3) members, chosen either from the members of the City Council or from the body of citizens of the City of Bloomingdale, whose qualifications, duties, terms, compensation and responsibilities shall be established by the Mayor and Council of said City. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of The City of Bloomingdale's Intention to Introduce Special Legislation. Notice is hereby given that there will be introduced at the Regular Session of the 1978 General Assembly of the State of Georgia, a bill to conduct a special referendum in the City of Bloomingdale for the purpose of obtaining authority to incur indebtedness to purchase a municipal water works, and to maintain and operate same. This 31st day of January, 1978. /s/ Edith A. Harry Clerk City of Bloomingdale Georgia 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/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening

Page 4076

Press which is the official organ of Chatham County, on the following dates: February 7, 14 and 21, 1978. /s/ George A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. CITY OF BLOOMINGDALECORPORATE LIMITS. No. 1106 (House Bill No. 2052). AN ACT To amend an Act creating a Charter for the City of Bloomingdale in the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), so as to redefine the corporate limits; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Charter for the City of Bloomingdale in the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), is hereby amended by striking from Section 1.03, relating to the corporate limits, the following: I-16 to the point of intersection with the southern right-of-way line of the Old Pine Barren Road, then in an easterly direction along the southern right-of-way line of the Old Pine Barren Road, to the point where the Old Pine Barren Road becomes the New Pine Barren Road (Paved Road), then continue in an easterly direction

Page 4077

along the southern right-of-way line of the New Pine Barren Road, to the point of intersection with the western right-of-way line of the Wild Cat Dam Road,, and inserting in lieu thereof the following: I-16 to the point of intersection with the northern right-of-way line of the Old Pine Barren Road, then in an easterly direction along the northern right-of-way line of the Old Pine Barren Road, to the point where the Old Pine Barren Road becomes the New Pine Barren Road (paved road), then continue in an easterly direction along the northern right-of-way line of the New Pine Barren Road to the point of intersection with the western right-of-way line of the Wild Cat Dam Road,, so that when so amended, Section 1.03 shall read as follows: Section 1.03. Corporate limits. The corporate limits of the City of Bloomingdale shall be described as follows: BEGINNING at the intersection of the Pipe Maker Canal and Triplicate #3 of Pipe Maker Canal, then south along the eastern right-of-way line of Triplicate #3 of Pipe Maker Canal to the intersection of Triplicate #3 with the southern right-of-way line of the Central of Georgia Railroad property (old railroad bed), then in an easterly direction along the southern right-of-way line to the intersection with the eastern right-of-way line of the Osteen Road, then in a southwesterly direction along said right-of-way line to the intersection of said Osteen Road, with the Little Ogeechee River (known locally as Creek), then in a southeasterly direction along the channel of the Little Ogeechee to the point where said creek or river intersects with the northern right-of-way line of Interstate 16, then in an easterly direction along the northern right-of-way line of said I-16 to the point of intersection with the northern right-of-way line of the Old Pine Barren Road, then in an easterly direction along the northern right-of-way line of the Old Pine Barren Road, to the point where the Old Pine Barren Road becomes the New Pine Barren Road (paved road), then continue in an easterly direction along the northern right-of-way line of the New Pine Barren Road to the point of intersection with the western right-of-way line of the Wild Cat Dam Road, then in a northerly direction along said right-of-way to the point of intersection with U. S. Highway 80, then in a westerly

Page 4078

direction along the northern right-of-way of U. S. Highway 80 to the intersection of said Highway 80 with Triplicate #2 of Pipe Maker Canal, then in a northeasterly direction along the western right-of-way line of Triplicate #2 of Pipe Maker Canal until said canal intersects with the Pipe Maker Canal, then in a westerly direction along the southern right-of-way line of Pipe Maker Canal to the point of beginning. The above described area is entirely within the 8th G. M. District, Chatham County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of The City of Bloomingdale's Intention to Introduce Special Legislation. Notice is hereby given that there will be introduced at the Regular 1978 Session of the Georgia General Assembly, a bill re-defining the boundary of City Limits of Bloomingdale, moving same from the South side of the Pine Barren Road to the North side thereof. This 31st day of January, 1978. /s/ Edith A. Harry Clerk, City of Bloomingdale Georgia 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/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: February 7, 14 and 21, 1978. /s/ George A. Chance, Jr. Representative, 129th District

Page 4079

Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. CITY OF BLOOMINGDALEPOLICE COURT. No. 1107 (House Bill No. 2053). AN ACT To amend an Act creating a charter for the City of Bloomingdale in the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), so as to change the jurisdiction of the city police court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a charter for the City of Bloomingdale in the County of Chatham, approved March 25, 1974 (Ga. Laws 1974, p. 3439), is hereby amended by striking Section 3.04, relating to the city police court, in its entirety and inserting in lieu thereof the following new Section 3.04: Section 3.04. City police court. A city police court, presided over by a city judge on a full or part-time basis as may be prescribed by ordinance, is hereby established, which shall have jurisdiction over violations, ordinances of this city and violations of State law occurring in said city. The city police court shall have the power to enforce its judgements by the imposition of such penalties as may be provided by law; to punish for contempts of said court; to

Page 4080

punish witnesses and defendants for nonattendance in said court; to punish any person who may counsel, advise, aid, encourage or persuade another, whose testimony is desired or material in any proceeding before the court, to go or move beyond the reach of the process of said court; and to try offenses against the criminal laws of the State and ordinances of this city. Said court shall be held at such intervals as the mayor and council shall designate, or as the judge thereof may designate in order to insure orderly disposition of the matters brought before it. The judge of the city court of Bloomingdale shall have the power and authority to impose upon the violator of any law or ordinance of said city, for such violation thereof, the following punishments: a fine not to exceed $500.00, imprisonment in the common jail for a period of not more than 60 days, for any one such offense; said judge shall have the further power and authority to impose any one or all of these punishments upon such violator when, in his discretion, the facts of the case justify such punishments; provided however, that each contempt of the city police court shall be punished either by imposition of a fine not exceeding $300.00 or by imprisonment in the common jail for a period not exceeding 20 days. Said police court judge shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of said city, which warrants may be executed by any member of the police force of said city; to commit the offenders to the common jail, or admit them to bail in all bailable cases, for their appearance at the next term or session of a court of competent jurisdiction to be held in and for said county. Appeal from the city police court shall be to the judicial circuit court. The city attorney or assistant city attorney shall be the prosecuting officer of the court. The city police court judge shall be an attorney at law. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4081

Notice of The City of Bloomingdale's Intention to Introduce Special Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of the State of Georgia, a bill to redefine and extend the jurisdiction of the City Police Court of the City of Bloomingdale, Georgia, and for other purposes. This 31st day of January, 1978. /s/ Edith A. Harry Clerk, City of Bloomingdale, Georgia Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Georgia A. Chance, Jr., who, on oath, deposes and says that he/she is Representative from the 129th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah News-Press which is the official organ of Chatham County, on the following dates: February 7, 14 and 21, 1978. /s/ Georgia A. Chance, Jr. Representative, 129th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public. (Seal). Approved March 17, 1978.

Page 4082

APPLING COUNTYSHERIFF'S SALARY. No. 1108 (House Bill No. 2062). AN ACT To amend an Act placing certain of the county officers of Appling County upon an annual salary, approved March 10, 1964 (Ga. Laws 1964, p. 2681), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3623) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4068), so as to change the compensation of the Sheriff of Appling County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing certain of the county officers of Appling County upon an annual salary, approved March 10, 1964 (Ga. Laws 1964, p. 2681), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3623) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 4068), is hereby amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows: Section 2. The Sheriff of Appling County shall receive an annual salary of $15,500.00 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of General Assembly of Georgia, a bill to provide for increases in salary for the Sheriff of Appling County; to provide for the procedures therewith; and for other purposes. All increases are to be paid from county funds. Appling County Board of Commissioners 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/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News-Banner which is the official organ of Appling County, on the following dates: February 9, 16 and 23, 1978. /s/ R. Bayne Stone Representative, 138th District Post 1 Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

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APPLING COUNTYFEES FOR COLLECTION OF SCHOOL TAXES. No. 1109 (House Bill No. 2063). AN ACT To provide that the Board of Commissioners of Appling County shall forego the collection and remittance of the commission on the collection of school taxes in Appling County; to provide the procedures connected therewith; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notwithstanding the provisions of any other laws to the contrary, the Board of Commissioners of Appling County shall forego the collection and remittance of the commission of two and one-half percent for the collection of school taxes on behalf of the Appling County School District. The gross proceeds of all school taxes collected by the Board of Commissioners of Appling County for and on behalf of the Appling County School District shall be remitted to the Board of Education of Appling County in accordance with the provisions of Code Section 32-1106, as now or hereafter amended. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of Georgia, a bill to provide authorization to the Appling County Board of Commissioners and the Appling County Board of Education to forego collection and remittance of 2 percent commissions on the collection of school taxes as previously provided by laws; to provide for the procedures therewith; and for other purposes. Appling County Board of Commissioners

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Georga, 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 Baxley News Banner which is the official organ of Appling County, on the following dates: February 9, 16 and 23, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. APPLING COUNTYSALARY OF JUDGE OF PROBATE COURT. No. 1110 (House Bill No. 2064). AN ACT To amend an Act placing the Judge of the Probate Court of Appling County on a salary, approved March 23, 1977 (Ga. Laws 1977, p. 4070), so as to change the compensation of the judge; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4086

Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Judge of the Probate Court of Appling County on a salary, approved March 23, 1977 (Ga. Laws 1977, p. 4070), is hereby amended by striking from Section 2 thereof the following: $10,000, and substituting in lieu thereof the following: $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 $12,500, 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 Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of Georgia, a bill to provide for increases in salary for the Judge of Probate Court of Appling County; to provide for the procedures therewith; and for other purposes. All increases are to be paid from county funds. Appling County Board of Commissioners

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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/she is Representative from the 138th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. APPLING COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1111 (House Bill No. 2065). AN ACT To amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner of Appling County, approved April 17, 1975 (Ga. Laws 1975, p. 4199), 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 to consolidate the offices of Tax Receiver and Tax Collector of Appling County into the office of the Tax Commissioner

Page 4088

of Appling County, approved April 17, 1975 (Ga. Laws 1975, p. 4199), is hereby amended by striking from Section 3 thereof the following: twelve thousand dollars ($12,000.00), and substituting in lieu thereof the following: $13,500.00, so that when so amended Section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary of $13,500.00, payable in equal monthly installments from the funds 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. Notice Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of Georgia, a bill to provide for increases in salary for the Tax Commissioner of Appling County; to provide for the procedures therewith; and for other purposes. All increases are to be paid from county funds. Appling County Board of Commissioners 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/she is Representative from the 138th

Page 4089

District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Baxley News Banner which is the official organ of Appling County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Joel R. Greene Representative, 138th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. FULTON COUNTYEMPLOYEES' PENSION ACT AMENDED. No. 1112 (Senate Bill No. 498). AN ACT To amend an Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, so as to provide for beneficiary coverage of the surviving spouse or unmarried child or children under the age of 18 years, or participants in said plan; to provide for the designation of a beneficiary within a certain period of time; to provide for the payment of additional contributions for beneficiary coverage; to provide for the procedures in connection therewith; to provide for a statement of purposes of this Act; to specifically repeal an Act providing for beneficiary coverage for female officers and employees, approved March 18, 1964 (Ga. Laws 1964, p. 3078); to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4090

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that the Act authorizing the Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to county employees, approved March 3, 1939 (Ga. Laws 1939, p. 571), as amended, is further amended as follows: Section 1. (a) Notwithstanding any other provisions of said 1939 Act, as amended, any person participating in this plan shall have the right to designate as a beneficiary under this Act, his or her surviving spouse or unmarried child or children under the age of 18 years. (b) The designation of a beneficiary authorized hereby shall be made within six months after the effective date of this Section, or within sixty days after marriage, or within sixty days after the birth of a child to such officer or employee, or within sixty days after such employee becomes employed, whichever date is later. (c) Upon designation of a beneficiary, an officer or employee shall pay the contributions required by law for beneficiary coverage. In addition, such officer or employee shall pay such beneficiary coverage for all periods of creditable service when he or she shall have had eligible beneficiaries less, however, credit for the amount actually paid for beneficiary coverage. In the event that such officer or employee shall make a designation of beneficiary within the time provided by subsection (b) of this Section, contributions for beneficiary coverage shall be matched by the governing authority of Fulton County. In the event that a beneficiary is designated subsequent to the time specified in subsection (b) of this Section, the officer or employee shall, in addition to the employee contribution, make the employer contribution for all service prior to the effective date of such designation, and no contributions shall be required from the governing authority of Fulton County. Sums required to be paid by an officer or employee by this Section, for prior service, shall be payable in such number of equal monthly installments (not exceeding 60) as may be designated by the Board of Trustees of Fulton County Employees Pension Fund; provided, however, that any deferred installments shall bear interest at the rate of 6% per annum add in. (d) All participants in the Fulton County General Employees Pension Fund who have a spouse or unmarried child or children

Page 4091

under the age of 18 years, who are subject to the provisions of this Section, shall be required to provide beneficiary coverage for such spouse or such unmarried child or children. Section 2. It is the purpose of this Act to provide that the provisions relating to beneficiary coverage for participants in the Fulton County General Employees Pension Fund shall apply equally to both male and female participants in said fund, and this Act shall be liberally construed to effectuate said purposes. Section 3. An Act providing for a designation of beneficiaries by female officers and employees, approved March 18, 1964 (Ga. Laws 1964, p. 3078), is hereby repealed in its entirety; provided, however, that such repeal shall not operate to invalidate any designation of beneficiary which has heretofore been made under said Act. Section 4. Any officer or employee who is in the employment of Fulton County prior to the effective date of this Act may elect to come under the provisions of this amendment by making written application to the Pension Board and agreeing to accept the benefits and obligations of this amendment insofar as beneficiary coverage is concerned in lieu of other pension benefits and obligations; provided, however, that an election to accept the provisions of this Act shall not affect any contributions or benefits payable to the individual so electing, except insofar as beneficiary coverage is concerned. Any officer or employee who becomes employed by Fulton County after the effective date of this Act shall be required to come under the provisions of this Act. Section 5. This Act shall become effective July 1, 1978. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given of intention to apply to the January 1978 Session of the General Assembly of Georgia for local legislation to amend the Act approved March 3, 1939, (Ga. Laws 1939, p. 571), authorizing the Board of Commissioners of Fulton County to Establish Rules and Regulations governing the payment of Pensions to County employees of said County... and for other purposes; and any matter germane to this general subject may be included in such legislation or by amendment thereto. /s/ Lula B. Carson Executive Secretary 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 County, on the following dates: December 28, 1977, January 4, 1978 and January 11, 1978. /s/ Jack L. Stephens Senator, 36th District Sworn to and subscribed before me, this 17th day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978.

Page 4093

CITY OF SAVANNAH BEACH-TYBEE ISLANDNAME CHANGED TO CITY OF TYBEE ISLAND No. 1113 (Senate Bill No. 567). AN ACT To amend an Act incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, so as to change the name of said city to the City of Tybee Island; 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 incorporating the City of Savannah Beach, Tybee Island, approved February 20, 1970 (Ga. Laws 1970, p. 2080), as amended, is hereby amended by striking from said Act the following: Savannah Beach, Tybee Island,, wherever the same shall appear, and inserting in lieu thereof the words: Tybee Island, so that on and after the effective date of this Act, said city shall be officially known as and shall be the City of Tybee Island. 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 in the 1978 Session of the General Assembly of Georgia to amend the charter of the City of Savannah Beach, Tybee Island, Georgia, to change the name of City of Savannah Beach, Tybee Island, Georgia, to the City of Tybee Island, Georgia. /s/ W. Lance Smith, III City Attorney for City of Savannah Beach, Georgia

Page 4094

Georgia, Chatham County. Personally appeared before me, Frankie R. Fort to me known, who being by me sworn, deposes and says: That she is the Legal Agent of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisement and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on January 7, 1978, January 14, 1978 and January 21, 1978 and finds that the following advertisement, to-wit: appeared in each of said editions. /s/ Frankie R. Fort (Deponent) Sworn to and subscribed before me, this 23rd day of January, 1978. /s/ Patricia Brant Fort Notary Public, Chatham County, Georgia. My Commission Expires Oct. 13, 1981. (Seal). Approved March 17, 1978.

Page 4095

COMPENSATION OF SHERIFFS IN CERTAIN COUNTIES (185,000-190,000). No. 1114 (Senate Bill No. 575). AN ACT To amend an Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), so as to change the compensation of the sheriffs in such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the compensation of sheriffs in all counties of this State having a population of not less than 185,000 nor more than 190,000, according to the United States Decennial Census of 1970 or any future such census, approved March 21, 1974 (Ga. Laws 1974, p. 2606), is hereby amended by striking from Section 1 the following: $18,000.00, and inserting in lieu thereof the following: $25,000.00, so that when so amended, Section 1 shall read as follows: Section 1. Notwithstanding any other provisions of law to the contrary, in all counties of this State having a population of not less than 185,000 nor more than 190,000 according to the United States Decennial Census of 1970, or any such future census, the Sheriff of

Page 4096

any such county shall receive an annual salary of $25,000.00 payable in equal monthly installments from the funds of such county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Approved March 17, 1978. STATE COURT OF COBB COUNTYMAGISTRATES. No. 1115 (Senate Bill No. 610). AN ACT To amend an Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act creating the office of magistrate, approved March 19, 1974 (Ga. Laws 1974, p. 2212), so as to provide that the magistrates shall be elected; to provide for their election; to provide for their compensation; to provide for their practice of law; to authorize the magistrates to establish terms of holding of court; to provide for qualifications of magistrate; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating the State Court of Cobb County, approved March 26, 1964 (Ga. Laws 1964, p. 3211), as amended, particularly by an Act creating the office of magistrate, approved March 19, 1974 (Ga. Laws 1974, p. 2212), is hereby amended by striking Section 3 of that 1974 amendatory Act which reads as follows:

Page 4097

Section 3. Magistrate; appointment. The majority of the judges of the State Court of Cobb County shall appoint not more than two magistrates and said magistrates shall serve at the pleasure of the majority of the judges of the State Court. The compensation for such magistrate or magistrates shall be set by the governing authority of the county., in its entirety and inserting in lieu thereof the following: Section 3. Salaries; practice of law; election. (a) The two magistrates shall be elected by the electors of Cobb County. Each magistrate shall receive an annual salary of $ 18,000 and shall be allowed to engage in the practice of law, but he shall not represent any interest adverse to the State of Georgia, nor shall he represent any interest that would constitute a conflict of interest to the office of magistrate. (b) The persons serving as magistrates on April 1, 1978, shall serve until December 31, 1978. For the purpose of electing new magistrates to succeed said magistrates, there shall be two posts designated as Post 1 and Post 2. A candidate offering for the office of magistrate shall designate the post which he is offering as a candidate. The candidate who receives a majority of the votes cast for a post shall be the magistrate elected to said post. There shall be elected at the November 1978 general election two magistrates who shall take office on January 1, 1979, for terms of office of four years each and until their respective successors are elected and qualified. Successors to the offices of magistrate shall thereafter be elected at the general election immediately preceding the expiration of the terms of office and persons elected in those elections shall take office on the first day of January immediately following their election for a term of office of four years each and until their respective successors are elected and qualified. (c) The magistrates shall have the authority to declare and establish their terms of court and to establish and declare the times and places for the holding of court and the trial of cases therein. Provided, however, the magistrates shall hold court at least once weekly after 6:00 p.m. for the hearing, trial and disposition of violations of traffic laws against the State of Georgia.

Page 4098

Section 2. Said Act is further amended by striking Section 4 of that 1974 amendatory Act, which reads as follows: Section 4. Qualifications of magistrate. The magistrate shall be at least twenty-one years of age and shall be a citizen of the State of Georgia. In addition, he shall be a citizen of Cobb County, and he shall be ineligible to hold any other public office of this county, State or of the United States during his term of office., in its entirety, and inserting in lieu thereof the following: Section 4. Qualifications of magistrate. The magistrate shall be at least twenty-one years of age, shall be a citizen of the State of Georgia and a resident of Cobb County. In addition, each magistrate shall be a member in good standing of the State Bar of Georgia and shall have been admitted to practice law in this State for two years prior to taking 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 1978 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, 1954 (Ga. L. 1964, p. 3211); and for other purposes. This 30th day of Dec., 1977. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ Joe Mack Wilson Representatives

Page 4099

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 30, 1977, January 6, 1978 and January 13, 1978. /s/ Roy E. Barnes Senator, 33rd District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. FAYETTE COUNTYCOMPENSATION OF JUDGE OF PROBATE COURT. No. 1116 (Senate Bill No. 632). AN ACT To amend an Act abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws

Page 4100

1965, p. 2621), as amended, so as to change the compensation of the judge of the probate court; to provide for longevity increases; 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 abolishing the fee system of compensation for the Judge of the Probate Court of Fayette County and providing an annual salary in lieu thereof, approved March 24, 1965 (Ga. Laws 1965, p. 2621), 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 Judge of the Probate Court of Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Judge of the Probate Court of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the judge of the probate court shall be increased by 5% of the salary of the judge of the probate court received during the immediately preceding calendar year; provided that if the judge of the probate court receives any annual or periodic increase in compensation under the provision of any general law of this State an amount equal to the amount received under such general law as an annual or periodic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the judge of the probate court under the provisions of this Section. The provisions of this Section shall not be construed as prohibiting the judge of the probate court from receiving any annual or periodic increase authorized by any general law of this State. (b) The judge of the probate court of said county shall have the authority to employ such clerks and other personnel as he shall determine necessary to efficiently and effectively discharge the duties of his office. Such personnel shall be compensated as hereinafter provided. Section 2. This Act shall become effective on May 1, 1978.

Page 4101

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to change the compensation of the Judge of Probate Court of Fayette County, to repeal conflicting laws and for other purposes. Publisher's Affidavit Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath deposes and says that he is publisher of the Fayette County News, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County News, which is the official organ of Fayette County, on the following dates: December 14, 1978, December 21, 1977, December 28, 1977, and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 17, 1978.

Page 4102

CITY OF ROCKMARTELECTIONS. No. 1117 (Senate Bill No. 643). AN ACT To amend an Act reincorporating the City of Rockmart and creating a new charter for said City, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, so as to repeal the ward residency requirement for the election of councilmen within the city; to change the provisions relating to the qualifications of electors; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act reincorporating the City of Rockmart and creating a new charter for said City, approved April 8, 1968 (Ga. Laws 1968, p. 3224), as amended, is hereby amended by striking from Section 5.02 of Article V the following: Section 5.02. Wards, ward residency requirements, elections at large. On and after the passage of this act, all councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined and provided further that on and after the passage of this act, the mayor and councilmen herein provided for shall be elected by voters of the entire city., and inserting in lieu thereof the following: Section 5.02. Wards, Ward Residency Requirements On and after the passage of this Act, all councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined. Each councilman shall be elected by the voters within his/her ward. The Mayor shall be elected by the voters of the entire city. Section 2 . Said Act is further amended by striking Section 5.04 of Article V in its entirety and inserting in lieu thereof the following:

Page 4103

Section 5.04. Qualifications of Electors Any person desiring to vote in any municipal general or special election must (1) register as an elector at least 15 days prior to the primary or election at which he desires to vote; (2) be a citizen of the State of Georgia and of the United States; (3) be at least 18 years of age; and (4) be a resident of this municipality. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Introduction of Local Legislation. Notice is hereby given that there will be introduced at the next Session of the General Assembly of Georgia local legislation to amend the Charter of the City of Rockmart in the following particulars: (1) To amend Section 5.02 of the Charter of the City of Rockmart, Georgia, so that the same will provide the following: Section 5.02 WARDS, WARD RESIDENCY REQUIREMENTS: On and after the passage of this act, all councilmen shall be elected one (1) from each of the five (5) wards hereinafter defined. Each councilman shall be elected by the voters within his/her ward. The Mayor shall be elected by the voters of the entire city. (2) To amend Section 5.04 of the City of Rockmart, Georgia, so that the same will provide the following: Section 5.04 QUALIFICATIONS OF ELECTORS Any person desiring to vote in any municipal general or special election must (1) register an elector at least 15 days prior to the primary or election at which he desires to vote; (2) be a citizen of the State of Georgia and of the United States; (3) be at least 18 years of age; and (4) be a resident of this municipality. Copies of the proposed Amendments are on file in the Office of the Clerk of the City of Rockmart, Georgia, for the purpose of examination and inspection by the public. December 13, 1977 /s/ George H. Scott, Mayor City of Rockmart

Page 4104

Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Nathan D. Dean, who, on oath, deposes and says that he is Senator from the 31st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Cedartown Standard which is the official organ of Polk County, on the following dates: January 5, 12 and 19, 1978. /s/ Nathan D. Dean Senator, 31st District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 17, 1978. DeKALB COUNTYBOARD OF EDUCATION DISTRICTS, REFERENDUM. No. 1119 (Senate Bill No. 648). AN ACT To amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), so as to change the provisions relative to school board districts; to change the provisions relative to the election of members of said Board of

Page 4105

Education; to provide for all matters relative to the foregoing; to provide for a referendum; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended by an Act approved March 2, 1966 (Ga. Laws 1966, p. 2810), and by an Act approved April 25, 1969 (Ga. Laws 1969, p. 3586), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows: Section 1. (a) There is hereby created in DeKalb County a Board of Education of seven members, and for the purpose of electing said members, there shall be five School Board Districts as follows: School Board District No. 1 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 1 . DeKalb Tracts 211, 212.01, 212.02, 212.03, 212.04, 213.01, 213.02, 213.03, 213.04, 214.01, 214.02, 214.03, 214.04 and 217.02. School Board District No. 2 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 2 . DeKalb Tracts 215, 216.01, 216.02, 216.03, 217.01, 218.01 Tract 220 Blocks 101 through 111, 115, 116, 201, 202, 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Tracts 221, 222, 223.01, 223.02, 224.01.

Page 4106

224.02, 224.03. School Board District No. 3 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 3. DeKalb Tracts 218.02 and 219 Tract 220 Except Blocks 101 through 111, 115, 116, 201 through 203, 205 through 212, 401 through 413, 906, 907, 909 through 911 Tracts 232, 233 and 234.02. School Board District No. 4 shall consist of that portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur described as follows: District No. 4. DeKalb Tracts 229, 230, 231.01, 231.02, 231.03, 231.04, 234.01, 235.01, 235.02, 235.03, 236, 237, 238.01, 238.02 and 238.03. School Board District No. 5 shall consist of the entire portion of DeKalb County lying outside the corporate limits of the Cities of Atlanta and Decatur and there shall be three Posts for said District to be designated Posts 1, 2 and 3. A member shall be elected from each of said Posts. (b) For the purposes of subsection (a) of this Section, the word `Tract' shall mean `Census Tract'. The terms `Census Tract' and `Block' shall have the same meaning and describe the same geographical boundaries as provided in the Bureau of the Census report of the United States Decennial Census of 1970 for the State of Georgia.

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(c) Any portion of DeKalb County lying without the corporate limits of the Cities of Atlanta and Decatur which is not included in School Board Districts 1, 2, 3 or 4 described in subsection (a) of this Section shall be included within School Board Districts 1, 2, 3 or 4 contiguous to such portion which contains the least population according to the United States Decennial Census of 1970 for the State of Georgia. Section 2. Said Act is further amended by striking Section 2 in its entirety and substituting in lieu thereof a new Section 2 to read as follows: Section 2. (a) The members of the Board of Education of DeKalb County serving at the time this Act becomes effective by referendum approval shall continue to serve out the terms of office to which they were elected. Their successors shall be elected as provided for by subsections (b) and (c) of this Section, and they shall take office and serve for the term of office as provided for therein. (b) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 2 and 3 and Post 1 of School Board District 5 shall be the successors to the incumbent members from the heretofore existing School Board Districts 2, 3 and 5, respectively. The first such members 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 and until their successors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first day of January immediately following their election for terms of four years and until their successors are elected and qualified. (c) The members of the Board of Education first elected, as hereinafter provided, from School Board Districts 1 and 4, and Posts 2 and 3 of School Board District 5 shall be the successors to the incumbent members from the heretofore existing School Board Districts 1, 4, 6 and 7, respectively. The first such members shall be elected at the general election held in 1982 and shall take office on the first day of January, 1983, for terms of four years and until their successors are elected and qualified. Thereafter, future successors shall be elected at the general election immediately preceding the expiration of their terms of office and shall take office on the first

Page 4108

day of January immediately following their election for terms of four years and until their successors are elected and qualified. 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. Members of the Board of Education provided for herein 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 4. 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 Board of Education established herein shall consist of a member from each of the School Board Districts created by Section 1 of this Act. Each member of the Board of Education shall be elected by the qualified voters of DeKalb County residing within his respective School Board District. Each candidate for membership on said Board shall have been a resident of the School Board District which he offers to represent for at least one year as of the date of taking office. Any member of said Board shall immediately be disqualified to continue serving as a member of said Board if he ceases to be a resident of his School Board District or if he qualifies as a candidate for any other federal, State or county elective office. A candidate for election to said Board shall designate the School Board District and the Post, when applicable, for which he is offering as a candidate. Section 5. It shall be the duty of the Board of Elections of DeKalb County to issue the call for an election for the purpose of submitting this Act to the voters of the DeKalb County school district for approval or rejection. The Board of Elections shall set the date of such election for the same date as the general election of 1978. The Board of Elections shall issue the call for such election at least 30 days prior to the date thereof. The Board of Elections shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of DeKalb County. The ballot shall have written or printed thereon the words:

Page 4109

[] YES [] NO Shall the Act providing for School Board Districts and providing for the election of the members of the DeKalb County Board of Education from such districts for terms of four years 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, as hereinafter provided, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by DeKalb County. It shall be the duty of the Board of Elections to hold and conduct such election. It shall be the duty of said Board of Elections to canvass the returns and declare and certify the result of the election. It shall be the further duty of said Board of Elections to certify the result thereof to the Secretary of State. Section 6. The provisions of this Act shall become effective for the purpose of holding the referendum election upon its approval by the Governor or upon its becoming law without his approval. If this Act is approved at the referendum election provided for by Section 5 of this Act, the remaining provisions of this Act shall become effective January 1, 1979. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act establishing in DeKalb County districts from which the members of the County Board of Education shall be elected, approved April 12, 1963 (Ga. Laws 1963, p. 3424), as amended; and for other purposes. This 6th day of February, 1978. /s/ Robert H. Bell Senator, 5th District

Page 4110

Publisher's Certificate Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Notice of Intention to Introduce Local Legislation, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16, 23 day of February, 1978. /s/ Gerald W. Crane, Publisher Sworn to and subscribed before me, this 23rd day of February, 1978. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18, 1981. (Seal). Approved March 17, 1978. WARE COUNTYBOARD OF COUNTY COMMISSIONERS, ETC. No. 1122 (House Bill No. 1143). AN ACT To amend an Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. Laws 1963, p. 2237), as amended, so as to change the salary of the chairman of the board of commissioners; to authorize the board of commissioners to increase

Page 4111

the salary of the chairman of the board after certain dates; to provide for an inventory of all county-owned or jointly owned real property by the clerk of the board of commissioners; to provide that the clerk of the board shall maintain a separate file containing a complete legal description of all county-owned or jointly owned real property; to provide that the clerk of the board shall post a map of the county on or near the bulletin board in the courthouse with a legend showing the location of all county-owned or jointly owned real property; to provide that the chairman of the board shall require two appraisals from two local real estate appraisers before purchasing or disposing of any county-owned or jointly owned real property; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Ware County, approved March 15, 1963 (Ga. Laws 1963, p. 2237), as amended, 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 of commissioners may, by a majority vote of the board, receive an annual salary of $14,200.00 beginning April 1, 1978, and beginning April 1, 1979, the chairman of the board of commissioners may, by a majority vote of the board, receive an annual salary of $16,200.00. The board of commissioners may, by a majority vote of the board, increase the annual salary of the chairman to $18,000.00 at any time on and after April 1, 1980. The board of commissioners shall fix the compensation of each of the other members of the board in an amount not less than $600.00 per annum and not more then $3,000.00 per annum. The salary of the chairman and the compensation of the other members of the board shall be paid in equal monthly installments from the funds of Ware County. The board of commissioners shall fix the compensation of each of the other members of the board by majority vote at their first meeting in each calendar year and at no other time. Section 2. Said Act is further amended by adding a new Section 15A immediately following Section 15 to read as follows:

Page 4112

Section 15A. (a) The clerk of the board of commissioners shall compile and maintain an inventory of all county-owned or jointly owned real property on or before July 1, 1978. The inventory shall list all real property owned or jointly owned by Ware County, properly described, and the list shall be available for public inspection during reasonable working hours. The clerk of the board shall post and maintain a current county map with a legend showing the location of all county-owned or jointly owned real property on or near the bulletin board in the courthouse. (b) The chairman of the board shall obtain two appraisals from two qualified local real estate appraisers before the board of commissioners shall be authorized to purchase or dispose of any county-owned or jointly owned real property. As a minimum, the local real estate appraisers must be approved by the Veterans Administration and the Federal Housing Authority to appraise VA and FHA properties. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. PUBLIC NOTICE. NOTICE OF INTENT TO INTRODUCE LEGISLATION. To serve notice that there will be introduced at the 1977 session of the Georgia General Assembly a bill to increase the duties and compensation of the chairman of the Ware County Commission; to require public listing of all county-owned property; and for other purposes. /s/ Harry D. Dixon Representative, District 151 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Harry Dixon who, on oath, deposes and says that he is Representative from the 151st District, and that

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the attached copy of Notice of Intention to Introduce Local Legislation was published in the Waycross Journal Herald which is the official organ of Ware County, on the following dates: January 15, 22, and 29, 1977. /s/ Harry D. Dixon Representative, 151st District Sworn to and subscribed before me, this 24th day of February, 1977. /s/ Susan Gordon Notary Public. (Seal). Approved March 24, 1978. STATE COURT OF MUSCOGEE COUNTYSALARIES OF SOLICITOR AND ASSISTANT. No. 1124 (House Bill No. 1701). AN ACT To amend an Act establishing the State Court of Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2246) and an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778), so as to change the compensation of the Solicitor and the Assistant Solicitor of the State Court of Muscogee 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 Muscogee County, approved December 20, 1884 (Ga. Laws 1884-85, p. 455), as amended, particularly by an Act approved March 29, 1971 (Ga. Laws 1971, p. 2246) and an Act approved February 25, 1977 (Ga. Laws 1977, p. 2778), is hereby amended by striking from subsection (b) of Section 3A the following:

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$18,500.00, and inserting in lieu thereof the following: $23,500.00, so that subsection (b) of Section 3A, when so amended, shall read as follows: (b) The solicitor of said court shall receive an annual salary of $23,500.00 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. Section 2. Said Act is further amended by striking from subsection (c) of Section 3A the following: $7,200.00, and inserting in lieu thereof the following: $9,600.00, so that subsection (c) of Section 3A, when so amended, shall read as follows: (c) The assistant solicitor of said court shall receive an annual salary of $9,600.00 which shall be paid in equal monthly installments from the funds of Muscogee County. Section 3. This Act shall become effective on July 1, 1978. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. NOTICE OF INTENTION TO INTRODUCE LOCAL LEGISLATION. Notice is hereby given that there will be introduced at the January 1978, session of the General Assembly of Georgia, a bill to amend an Act establishing a city court in the City of Columbus for Muscogee

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County, approved December 20, 1884 (Ga. L. 1884-85, p. 455), as amended, so as to change the salary of the part-time Assistant Solicitor of said Court, to provide an effective date; to repeal conflicting laws, and for other purposes. This 10th day of January, 1978. /s/ Barschall Andrews II Assistant Solicitor Georgia, Muscogee County. The undersigned, after being duly sworn before an officer authorized to administer oaths for and in the State of Georgia, County of Muscogee, deposes and on oath says the following: 1. That he is the publisher of the Columbus Ledger, a daily newspaper published in Muscogee County, Georgia. 2. That the Columbus Ledger Newspaper is the organ in which Sheriff's advertisements in Muscogee County are published. 3. That the Notice of Intention to Introduce Legislation at the January, 1978 Session of the General Assembly of Georgia to amend the Act establishing the City Court in the City of Columbus for Muscogee County so as to change the salary of the Assistant Solicitor of said Court as set out in Exhibit A above was published in the Columbus Ledger three times, to-wit: January 12, 1978, January 19, 1978, and January 23, 1978. /s/ Glenn Vaughn Publisher Sworn to and subscribed before me, this the 24th day of January, 1978. /s/ Blanche G. Davis Notary Public, Muscogee County, Georgia My Commission Expires August 23, 1981. (Seal). Approved March 24, 1978.

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SCREVEN COUNTYSMALL CLAIMS COURT. No. 1125 (House Bill No. 1705). AN ACT To create and establish a Small Claims Court in and for Screven 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 for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Screven 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.

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Section 2. (a) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Screven County, be at least twenty-two years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Screven 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. (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

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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. (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 $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. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) 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. Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.50 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 $12.50. 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 $12.50 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 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

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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 Screven 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 summons and writs issued from or by said Small Claims Court. Said bailiffs

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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 Screven County

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Section 18. 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 Screven County, Georgia, shall appoint a duly qualified person to be judge of the Small Claims Court of Screven 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 Screven County. Thereafter, successors

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to the judge of the Small Claims Court of Screven County shall be appointed, each four years, by the senior judge of the Superior Court of Screven 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 Screven 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 senior judge of the Superior Court of Screven County upon a recommendation being made by the grand jury of Screven 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. 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 the return of attachments and executions. A garnishee shall be required to file his answer not sooner than 30 days and not later than 45 days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, 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. 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, as the case may be, or

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such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. 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. Section 23. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $10.00, plus a reasonable amount for drayage, to be determined by the judge of the Small Claims Court. The rate of commission on all judicial sales shall be ten percent (10%) of the first $250.00 and five percent (5%) on all sums over that amount, with a minimum of three 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 OF INTENTION TO SUBMIT LOCAL LEGISLATION. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to establish a Small Claims Court for Screven County, Georgia. This 12th day of January, 1978. /s/ W. Jones Lane Representative, 81st District /s/ Paul Nessmith Representative, 82nd District

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, W. Jones Lane who, on oath, deposes and says that he/she is Representative from the 81st District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Sylvania Telephone which is the official organ of Screven County, on the following dates: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ Jones Lane Representative, 81st District Sworn to and subscribed before me, this 31st day of January, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. TROUP COUNTYBUILDING PERMITS. No. 1126 (House Bill No. 1715). AN ACT To amend an Act creating a Board of Commissioners for Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), so as to change certain provisions relating to issuance of

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building permits; 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 Troup County, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2226), an Act approved February 20, 1970 (Ga. Laws 1970, p. 2073), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3282), is hereby amended by striking subsection (l) of Section 8 thereof in its entirety and substituting in lieu thereof a new subsection (l) of Section 8 to read as follows: (l) To require that all persons, firms or corporations who shall build, construct or erect any house, building, barn or outhouse or shall add to or improve any house, building, barn or outhouse within the limits of Troup County, but outside the limits of any incorporated municipality, the cost of which shall exceed the sum of $200.00, shall apply to the commissioners, or to some official designated by them, for a building permit before commencing such construction and such permit shall thereupon be issued upon compliance by applicant with the Subdivision and Zoning ordinances of Troup County and upon furnishing the information the commissioners may require on such application and upon payment of such fees as are reasonably determined by the county governing authority. Should any person, firm or corporation commence such construction without obtaining a permit as herein prescribed, said commissioners shall have authority to stop further construction until the permit is issued and assess a penalty not to exceed ten (10%) percent of the costs of such construction, for failure to comply with the terms hereof;. Section 2. This Act shall become effective April 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 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating a Board of Commissioners for Troup County, Georgia, approved March 25, 1958 (Ga. Laws 1958, p. 3068), as amended, so as to change certain provisions relating to issuance of building permits; and for other purposes. This 3rd day of January, 1978. /s/ Marvin Jones, Chairman Board of Commissioners of Troup County 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/she is Representative from the 68th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the LaGrange Daily News which is the official organ of Troup County, on the following dates: January 6, 1978, January 13, 1978 and January 20, 1978. /s/ J. Crawford Ware Representative, 68th District Sworn to and subscribed before me, this 7th day of February, 1978. /a/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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PAULDING COUNTYBOARD OF COMMISSIONERS, RECALL ELECTIONS. No. 1128 (House Bill No. 1766). AN ACT To amend an Act creating a Board of Commissioners for Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as amended, so as to change the provisions relating to the recall of the chairman or 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 for Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), as amended, is hereby amended by striking Section 6 in its entirety and inserting in lieu thereof a new Section 6 to read as follows: Section 6. The chairman and each member of the Board of Commissioners of Paulding County shall be subject to recall at any time after their election upon petition in writing. The petition for such recall election shall be signed by not less than 35 percent of the registered voters of the county who are registered to vote on the date the notice required by this Section is given to the judge of the probate court. The persons sponsoring such petition shall address such petition to the judge of the probate court, petitioning him to call for a special election to submit the question of whether the chairman or any such member of the board of commissioners shall be recalled. Prior to obtaining any signatures on any such petition, a blank copy of the proposed petition shall be submitted to the Judge of the Probate Court of Paulding County with a notice that a petition is to be circulated seeking signatures for a special election for the recall of the chairman or a member or members of the Board of Commissioners of Paulding County. The petition shall be submitted to the judge of the probate court with the required signatures within 45 days following the date on which the notice of the proposed petition is given to the judge of the probate court. If such petition is not submitted within the 45-day time limit it shall be void and of no force or effect. Upon submission of the petition to the judge of the probate

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court, it shall be the duty of the judge to determine whether such petition bears the proper percentage of names and to determine the sufficiency of the petition. Such determinations shall be made by the judge within 15 days following the date on which the petition is submitted to the judge. In the event he determines that the petition is in order, it shall be the duty of the judge of the probate court to issue the call for an election and such call shall be issued within five days following the date that he determines that the petition is in order. He shall set the date of the election for not less than 30 nor more than 45 days following the issuance of the call. It shall be his further duty to publish the date and purpose of such election once a week for two weeks immediately preceding the date thereof in the official organ of the county in which the sheriff's advertisements appear. The ballots used in such election shall state the name of the officer whose recall has been petitioned and shall designate the office involved. The ballot shall have written or printed thereon the following: `[] YES [] NO Shall (name of officeholder), (name of office) be recalled and removed from office?' Those persons desiring to vote in favor of recall shall vote `Yes,' and those desiring to vote against recall shall vote `No.' If a majority of those voting in such election vote in favor of recall, the office in question shall be vacated from the date of such recall election. If a majority of those voting vote against recall, the member shall remain in office. It shall be the duty of the judge of the probate court to hold and conduct the election and to declare and certify the results. It shall be his further duty to certify the results to the Secretary of State. If a petition is denied as not having a sufficient number of signatures or if a majority of those voting in the recall election vote against recall, no new petition shall be presented to the judge of the probate court within one year from the date of the submission of the previous petition. Vacancies created by recall shall be filled in the same manner as other vacancies. Any person who is recalled from office under the provisions of this Section shall be eligible to fill the vacancy created by such recall. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intent to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia an Act to Amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Law 1975, Page 2916), as heretofore amended, and for other purposes. /s/ Bill Cooper and /s/ Max Kaley, 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/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas News Era which is the official organ of Paulding County, on the following dates: February 9, 16 and 23, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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GARDEN CITYWATER SYSTEMS AND SEWER FACILITIES, REFERENDUM. No. 1129 (House Bill No. 1800). AN ACT To amend an Act creating a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, so as to extend the present corporate limits of said municipality; to provide for purchase or condemnation of sewer facilities and water systems; to provide for fees for city services furnished to the area annexed; to provide for a referendum; 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. An Act creating a new charter for the municipality of Garden City, approved April 17, 1973 (Ga. Laws 1973, p. 3581), as amended, is hereby amended by adding at the end of Section 1.11 three new subsections to be designated as subsections (c), (d) and (e) to read as follows: (c) Effective as of December 31, 1978, the corporate limits of Garden City shall include the present corporate limits of said city and shall include the following described property which is now adjacent to the present city limits and boundaries of Garden City, to wit: All that certain tract of land situate, lying and being in Chatham County, Georgia, described as follows: Beginning at a point where the present western corporate limits and the eastern right-of-way line of the Seaboard Coastline Railroad intersects the northwest right-of-way line of U.S. Highway 80; thence from said point of beginning running in a southwesterly direction along the northwest right-of-way line of U.S. Highway 80 and along the northwest right-of-way line of the Viaduct to a point where the northwest right-of-way line of U.S. Highway 80 and the Viaduct intersects the south right-of-way line of the Central of Georgia Railroad Company; thence following the southern right-of-way line of the Central of Georgia Railroad Company in a westerly direction for a distance of

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approximately 13,500 feet, more or less, to a point where the south right-of-way line of the Central of Georgia Railroad Company intersects the eastern right-of-way line of Dean Forest Road; thence in a southerly direction along the eastern right-of-way line of Dean Forest Road for a distance of 4,100 feet, more or less, to a point where the eastern right-of-way line of Dean Forest Road intersects the northern right-of-way line of the Seaboard Coastline Railroad Company; thence following the northern right-of-way line of the Seaboard Coastline Railroad in a southeasterly direction for a distance of 8,900 feet, more or less, to a point where the northern right-of-way line of the Seaboard Coastline Railroad intersects the northwest right-of-way line of the Savannah-Ogeechee Canal; thence in a northeasterly and eastern direction along the northwestern and northern right-of-way line of the Savannah-Ogeechee Canal for a distance of 6,200 feet, more or less, to a point where the northwestern and northern right-of-way line of the Savannah-Ogeechee Canal intersects the southwestern right-of-way line of the Seaboard Coastline Railroad right-of-way line; thence in a northwesterly direction along the southwestern right-of-way line of the Seaboard Coastline Railroad for a distance of 2,100 feet, more or less, to a point where the southwestern right-of-way line of the Seaboard Coastline Railroad Company intersects the southern right-of-way line of U.S. Highway 80; thence running along the southern right-of-way line of U.S. Highway 80 in an easterly direction for a distance of 3,500 feet, more or less, to a point where the southern right-of-way line of U.S. Highway 80 intersects the western right-of-way line of the Dundee Canal; thence in a southerly direction along the western right-of-way line of the Dundee Canal for a distance of 700 feet, more or less, to a point where the western right-of-way line of the Dundee Canal intersects the northwestern right-of-way line of Market Street; thence continuing in a southwesterly direction along the northwest right-of-way line of Market Street and a prolongation of said line for a distance of 2,650 feet, more or less, to a point where said line intersects the northeast right-of-way line of the Central of Georgia Railroad Company; thence in a northwesterly and northerly direction along the northeast right-of-way line of the Central of Georgia Railroad Company for a distance of 1,100 feet, more or less, to the southern right-of-way line of U.S. Highway 80; thence continuing across U.S. Highway 80 on a straight line to the point of beginning.

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(d) The Mayor and Councilmen of Garden City shall have full power and authority to purchase in their discretion any sewer facilities and water systems which may have been installed in any area annexed to the corporate limits of Garden City by subsection (c) of this Section. In the event that the city should elect to purchase said facilities or systems or any portion thereof, and there is disagreement as to the compensation to be paid for such facilities and system, then the city shall have the authority to acquire said water and sewer systems, or any portion thereof, by condemnation, the method and procedure for the condemnation of such property being the same as now or hereafter provided by the laws of Georgia in condemnation proceedings. (e) The governing authority of Garden City is hereby authorized to charge a fee as determined by said governing authority for city services furnished the annexed area as described by subsection (c) of this Section, such services including, but not limited to, sewerage, water and garbage collection. The fees charged for said services in said annexed area may vary from the charges for the same services in the heretofore existing corporate limits of Garden City, and said governing authority is hereby authorized to establish different charges and fees for such services in the annexed area and to collect the same under such rules and regulations as it shall establish. Section 2 . After the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Garden City to issue the call for an election for the purpose of submitting this Act to the electors within the present corporate limits of Garden City and the electors residing within the proposed area to be annexed for approval or rejection. The superintendent shall set the date of such election for May 22, 1978, and he shall issue the call at least 30 days prior to the date thereof. The persons qualified to vote in said election shall be those electors residing within the present corporate limits of Garden City and those persons residing within the area to be annexed who are qualified to vote for members of the General Assembly. 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 Chatham County. The ballot shall have written or printed thereon the words:

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[] YES [] NO Shall the Act providing for annexation of territory to Garden City 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 December 31, 1978, but otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Garden City. 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 . In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intrention to Apply for Local Legislation. Notice is hereby given of intention to apply for local legislation in the 1978 Session of the General Assembly of Georgia to AMEND THE CHARTER of Garden City, Georgia, to extend and change the corporate limits of the City and for other purposes. /s/ Charles L. Sparkman City Attorney for Garden City, Georgia

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Tom Triplett who, on oath, deposes and says that he is Representative from the 128th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Savannah Evening Press which is the official organ of Chatham County, on the following dates: December 29, 1977, January 4 and 11, 1978. /s/ Tom Triplett Representative, 128th District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 24, 1978. ALBANY-DOUGHERTY HOSPITAL AUTHORITYVACANCIES. No. 1130 (House Bill No. 1806). AN ACT To amend an Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573), so as to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority; to provide the procedures connected

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therewith; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority, approved March 4, 1966 (Ga. Laws 1966, p. 3067), as amended by an Act approved March 27, 1972 (Ga. Laws 1972, p. 2573), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: Section 1. The Board of Commissioners of Dougherty County may, by resolution, establish and change from time to time the number of members of the Albany-Dougherty Hospital Authority, their terms of office, the manner of appointment, the method of filling vacancies, and all other matters relative to the membership of the Authority. 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 January 1978 Session of the General Assembly of Georgia, a bill to provide for appointments to and the filling of vacancies on the Albany-Dougherty Hospital Authority and for other purposes. This 6th day of January, 1978. /s/ Charles F. Hatcher Representative, 131st District

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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/she 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 12, 1978, January 19, 1978 and January 26, 1978. /s/ Charles Hatcher Representative, 131st District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. BRANTLEY COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 1131 (House Bill No. 1853). AN ACT To amend an Act creating the office of commissioners of roads and revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258), so as to change the compensation of the members of the Board of Commissioners of Brantley County, including the chairman; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1 . An Act creating the office of commissioners of roads and revenues of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500), as amended, particularly by an Act approved March 11, 1968 (Ga. Laws 1968, p. 2258), is hereby amended by striking from Section 4 the following: $500.00, and inserting in lieu thereof the following: $600.00, so that when so amended, Section 4 shall read as follows: Section 4. The chairman of the board of commissioners shall be the chief executive officer of the board. He shall carry out the policies of the board concerning the governing of the affairs of Brantley County. He shall not vote on questions coming before the board except to break a tie. He shall receive as compensation for his services as such the sum of $600.00 per month plus a mileage expense at the rate of 10 per mile expended in administering the affairs of his office. Section 2 . Said Act is further amended by striking Section 8 in its entirety and inserting in lieu thereof a new Section 8 to read as follows: Section 8. The board of commissioners shall hold at least one regularly scheduled monthly meeting which shall be on the first Tuesday in each month until changed by the board. The members of the board other than the chairman shall receive the sum of $100.00 per month for their services as members of the board plus the sum of 10 per mile expended going to and from meetings of the board. If any member of the board shall miss more than two regularly scheduled meetings of the board during any calendar year for any cause other than providential, he shall not be entitled to receive compensation provided for herein for the remainder of that calendar 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.

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Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Brantley County, approved July 21, 1927 (Ga. Laws 1927, p. 500)., as amended; and for other purposes. This 25th day of Jan., 1978. /s/ 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/she 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 26, 1978, February 2, 1978 and February 9, 1978. /s/ Paul W. Foster Representative, 152nd District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public. (Seal). Approved March 24, 1978.

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CITY OF FAIRBURNPENALTIES FOR VIOLATING ORDINANCES. No. 1132 (House Bill No. 1880). AN ACT To amend an Act establishing a Charter for the City of Fairburn (Ga. Laws 1925, p. 1024, et seq.) and amendments thereto, so as to provide for a change in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a Charter for the City of Fairburn (Ga. Laws 1925, p. 1024, et seq.), as amended, is hereby amended by striking Section 40(d) in its entirety and substituting in lieu thereof a new Section 40(d), to read as follows: Section 40(d). Upon conviction of the violation of any municipal ordinance, said recorder shall have the right to sentence the defendant or defendants to pay a fine not to exceed five hundred dollars ($500.00) or imprisonment in the city prison not to exceed ninety (90) days, or both. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legistion. Notice is hereby given that the City of Fairburn, Georgia, intends to apply for the passage of local legislation at the 1978 session of the General Assembly of Georgia, convening in January, 1978, to amend the Charter of the City of Fairburn, Georgia (Georgia Laws 1925, page 1024, et. seq.), to provide for an increase in the penalties upon conviction of the violation of any municipal ordinance in the Recorder's Court of the City of Fairburn, and for other purposes.

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This 23th day of January, 1978. /s/ Glaze, McNally and Glaze City Attorneys for the City of Fairburn, Georgia By: Kirby A. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, V. B. Smith, who, on oath, deposes and says that he/she is Representative from the 42nd District, and that the attached copy of Notice on 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 24, 1978, January 31, 1978 and February 7, 1978. /s/ V. B. Smith Representative, 42nd District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF PALMETTOCHARTER AMENDED. No. 1133 (House Bill No. 1881). AN ACT To amend an Act establishing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. Laws 1966, p. 2771), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3623), and an Act approved March 23, 1977 (Ga.

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Laws 1977, p. 3688), so as to change the provisions relating to councilmen, their qualifications, and terms of office; to change the provisions relating to time for holding regular elections; to change the provisions relating to municipal elections and majority vote so as to provide for qualification of electors, election managers, and their oaths; to provide for ballots and for notice, time and place of elections; to provide for voter registration; to provide for purging of voter's lists and the creation of a board of registrars and the duties thereof; to provide for challenges, counting of ballots, and certifying results; to provide for supplies; to provide for special elections, vacancies, and bond issues; to provide for recall, initiative, and referendum; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a new charter for the City of Palmetto, approved March 2, 1966 (Ga. Laws 1966, p. 2771), as amended, particularly by an Act approved March 31, 1976 (Ga. Laws 1976, p. 3623), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3688), is hereby amended by striking in its entirety Section 6.1, which reads as follows: Section 6.1. Councilmen: Qualifications, Terms of Office. The qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The term of office of councilman shall be two (2) years: Provided, however, that in the first election held after the effective date of these provisions there shall be elected three councilmen to succeed the councilmen whose terms expire December 31, 1976, namely seats 1, 3, and 5 as hereinafter provided, and in the second election held under this charter there shall be elected three councilmen to succeed the three councilmen whose terms expire December 31, 1977, namely seats 2, 4 and 6 as hereinafter provided, in order that the terms will be staggered. Effective 1976 each councilman shall hold a designated seat on the council. Seat one is that seat now held by Talmadge Bunn; seat two is that seat now held by William C. Burnham; seat three is that seat now held by Joel Brown; seat four is that seat now held by James W. Smith; seat five is that seat now held by Margaret S. Alford and seat six is that seat now held by Hardy Stanon Johnston. Those desiring to offer for a council position shall qualify for a certain and specific seat by number. No one shall offer for more than one council seat at each election.,

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and inserting in lieu thereof the following: Section 6.1. Councilmen: Qualifications, Terms of Office. The qualifications for the office of councilman shall be the same as those prescribed for the office of mayor. The term of office of councilman shall be two (2) years: Provided, however, that in the 1978 election held under this charter there shall be elected three councilmen to succeed the councilmen whose terms expire December 31, 1978, and in the 1979 election held under this charter there shall be elected three councilmen to succeed the three councilmen whose terms expire December 31, 1979, in order that the terms will be staggered. Section 2. Said Act is further amended by striking in their entirety Sections 7.1, 8.1 and 9.1, which 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 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. Laws 1968, pp. 885, 887, as amended) as they now exist or in the future may be amended. 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., and inserting in lieu thereof the following Sections 7.1 through 12.1 of Article III, to read as follows: Section 7.1. Regular Elections, Time for Holding. The regular election for mayor and councilmen, or councilmen, shall be held on the first Saturday in December of each year. Officials elected at any regular election shall take office on the first of January next following such election.

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Section 8.1. Qualification of Electors. Any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of Palmetto for three months next preceding the election in which he desires to vote shall be qualified to register as an elector in any city election held under this charter. Section 9.1. Election Managers. The mayor and council shall elect, at least thirty days prior to every election, three qualified electors of the City of Palmetto who shall be election managers. The election managers shall be responsible for the proper conduct of the election, for preventing any fraud in connection therewith, for the proper counting of the ballots and for certifying the results as prescribed herein. Prior to the opening of the polls the election managers shall take the following oath in the presence of any judge, justice of the peace, or in the presence of each other: `I (name) do solemnly affirm that I will fulfill the responsibility placed upon me as an election manager to the best of my ability, that I will uphold the law in connection therewith, and faithfully certify the results as prescribed by law. So help me God.' Section 10.1. Conduct of Elections, Notice. The mayor and council shall give notice of every regular or special city election at least thirty (30) days prior to said election by advertisement in the newspaper in which Fulton and Coweta counties sheriff's advertisements are made, and by posting said notice in at least three conspicuous places within the city. The notice shall contain the time and place of holding the election, the offices to be filled and any other questions to be voted on. Section 10.2. Time of Elections, Ballots. The polls shall be open from 7 o'clock a.m. to 7 o'clock p.m. All voting shall be by ballot. Section 10.3. Place of Elections. The place for holding elections shall be prescribed by the mayor and council in the election notice. Section 10.4. Voter Registration. In all elections held in the City of Palmetto, whether primary elections, special or general elections, the voters, in addition to the qualifications already prescribed, shall be registered as herein provided for. It shall be the duty of the

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clerk of the City of Palmetto to open at his office in said city, within ten days from the date of approval of this Act, a book for the registration of voters for said City of Palmetto, and keep the same open at his office at all times when his office is open for the payment of taxes or transaction of city business, except as hereinafter provided. Each person entitled to vote in said city shall subscribe in said book, which shall be arranged in alphabetical order, his or her name, age, place of residence, and occupation. Said clerk must not permit anyone to register who is not entitled to do so; and if he knowingly permits this to be done, he shall be discharged from office or otherwise punished as the mayor and council may decide. Such registration shall be permanent, and all names registered as herein prescribed shall remain upon said list and be qualified to vote in any election so long as said voters shall not become disqualified or his or her name be stricken from the registration list as hereinafter provided. The said registration book shall be closed ten (10) days, immediately preceding each election held in said city, whether the same be a primary election, special or general election, after which time no one shall be allowed or permitted to register for such election, and not until after such election, when said book shall be reopened for registration of voters. At all other times said book shall be kept open as herein provided. No person shall be allowed to vote at any election held in said city unless he or she has registered prior to the closing of said books and his or her name appears upon the registration list. Section 10.5. Voter's Lists, Purging. It shall be the duty of the clerk of said city to check the registration list from time to time as may be required by the mayor and council of said City of Palmetto; and upon removal from the city, or other legal cause, he shall furnish the mayor and council of said city with a list of such names with the reasons for their disqualifications, and it shall be the duty of the said mayor and council to revise said registration lists and determine whether the name of such voter should be stricken from the list, after the clerk has given five days' written notice to said voter of the time and place when said matter will be acted upon by said mayor and council, said notice to be served either personally by any officer of said city authorized to serve city processes, or by mailing same to the last known address of the voter. At the time fixed in the notice the voter shall have the right to be heard by the said mayor and council before any final action is taken, if he or she so desires.

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Section 10.6. Voter's Lists, Board of Registrars. Be it further enacted by the authority aforesaid, that the mayor and council of the City of Palmetto may prescribe such further rules and regulations with reference to registering, or the revision of the registration lists, as they may see fit and proper, and may create a board of registrars if deemed best, and may delegate to, and place upon, said board of registrars any or all of the duties herein imposed upon the clerk or the mayor and council, and they may place any or all of said duties upon any official or officials of said city they may designate, and provide additional compensation to be paid therefor if they see fit. Section 10.7. Challenge. Any candidate, election manager, or qualified elector may challenge any voter and upon such challenge an election manager shall cause the challenged voter to take the following oath: `I (name) do for members of the General Assembly of Georgia, that I solemnly swear that I meet the requirements of an elector, have resided in Palmetto for at least thirty days preceding this election and that I have not previously voted in this election. So help me God.' This oath shall be subscribed on the voter's list opposite the name of the challenged elector. Section 10.8. Supplies. The mayor and council shall direct that all necessary supplies including ballots needed for holding the election are placed in the hands of election managers. Section 10.9. Counting the Ballots, Certifying Results. The election managers shall proceed to count the ballots when the polls are closed. When all votes have been recorded, the ballots will be sealed in a container and delivered to the city clerk who shall retain them, unopened, for sixty days. In the event the election is contested or a recount demanded, the election managers in the presence of the council shall reopen the ballots and conduct such recount or take other action as deemed necessary to assure that no mistake or fraud has occurred. Cases of contested elections shall be heard and decided by the mayor and council. If there is no contest, at the end of sixty days the ballots will be destroyed by the clerk. The tally sheets containing the results of the election, along with the voter's list shall be certified by the managers and the results made public immediately. The election managers shall place their signatures over the seal. The mayor shall call a meeting of the council not later than seventy-two (72) hours after the polls have

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closed and certify the result of the election and declare the results of the election. Those receiving the highest number of votes for any office shall be declared elected. Section 11.1. Special Elections, Vacancies, Bond Issues. In the event of a vacancy from any cause whatsoever in an elective office, the mayor and council, or those remaining, shall call a special election to be held not less than thirty nor more than forty-five days from the time such vacancy occurs. Such special election shall be held in accordance with the procedure established by this charter for regular elections. Special elections may be called at any time by the mayor and council for the purpose of voting on bond issues or other questions required or permitted by law to be presented to the electorate. The procedure established for regular elections shall govern: Provided, however, that in the case of bond issues the election notice shall conform to the requirements of State law. Section 12.1 Recall, Initiative and Referendum. Any elective official of the city may be recalled by the electorate in the following manner: Those persons, qualified electors in the City of Palmetto, desiring to recall an elective official shall circulate a petition among the qualified voters of said city stating the name and office occupied by the person being recalled, and setting forth concisely the reasons for such action. When the petition contains the names of at least ten (10) percent of the qualified voters registered at the last regular election, said petition shall be presented to the clerk. The clerk shall then open a registration book for the purpose of registering those qualified voters who desire a referendum on the question. If within thirty days, at least twenty-five (25) percent of the number of voters registered at the last regular election shall sign such book, then a referendum shall be called on the question not less than thirty nor more than forty-five days from such time as the necessary twenty-five (25) percent sign the book. Such referendum shall be governed by the procedure for regular elections and the ballot shall present the question: `For or against recall of..... from the office of......' Voters shall scratch one leaving their choice. If a majority vote for recall, the office shall

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be declared vacant and filled in the manner prescribed herein for filling vacancies. Any ordinance may be proposed by the electorate through the initiative as follows: Those qualified voters desiring to initiate an ordinance shall have the same printed on a petition which they shall circulate among the qualified voters of the city. When at least five (5) percent of the number of qualified voters registered at the last regular election shall have signed the petition, it shall be presented to the mayor and council at the next regular council meeting. The mayor and council shall consider the ordinance and, within thirty days from date of receipt of the petition, shall either vote to take no action thereon or shall proceed to pass the proposal in the manner fixed for enacting ordinances. If the vote is to take no action, the clerk will notify the petitioners of such action and shall open a special registration book which shall remain open for thirty days. Whenever twenty-five (25) percent of the number of qualified voters registered at the last regular election shall sign said registration book, the clerk shall notify the mayor who shall call a special election in the manner prescribed, and the election notice shall contain the proposed ordinance. If a majority of the qualified voters voting in the special election vote for the proposal, it shall be declared in force. The electorate may call for a referendum on any ordinance enacted by the mayor and council, in the following manner. Those qualified voters desiring such referendum shall circulate among the qualified voters of the city a petition setting forth the ordinance on which a referendum is desired. When at least five (5) percent of the number of qualified voters registered at the last regular election shall have signed such petition, it shall be presented to the clerk who shall open a special registration book. When twenty-five (25) percent of the number of qualified voters registered at the last regular election shall sign such book, the clerk shall notify the mayor who shall suspend any action pursuant to the ordinance in question, and a special election shall be called on the question in the manner prescribed. The election notice shall set forth the ordinance on which the referendum is called. If a majority of the voters voting in the referendum vote for the ordinance, it shall be declared of full force and effect. If a majority of voters voting in the referendum vote against the ordinance, it shall be declared void.

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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 the City of Palmetto, Georgia intends to apply for the passage of local legislation at the 1978 session of the General Assembly of Georgia, convening in January, 1978, to amend the Charter of the City of Palmetto, Georgia (Georgia Laws 1966, page 271, et. seg.) by repealing Georgia Laws 1976. Act #1243; providing for the election of Councilmen by Council seat position; and by repealing Georgia Laws 1977. Act #489; providing for a change of election dates and election by a majority vote; and to provide that all elections in the City of Palmetto shall be governed by the Charter of the City of Palmetto as adopted by Georgia Law 1966, page 2771. This 23th day of January, 1978. /s/ Glaze, McNally and Glaze City Attorneys for the City of Palmetto, Georgia By: Kirby A. Glaze Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, V. B. Smith, who, on oath, deposes and says that he/she 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 of Fulton County, on the following dates; January 24, 1978, January 31, 1978 and February 7, 1978. /s/ V. B. Smith Representative, 42nd, District

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Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. GRIFFIN INDUSTRIAL BUILDING AUTHORITYNAME CHANGED, ETC. No. 1134 (House Bill No. 1888). AN ACT To further define, prescribe and enlarge the powers and duties of the Griffin Industrial Building Authority and further to regulate the management and conduct thereof, said Authority having been created pursuant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof; to provide that the name of the Authority shall be changed to the Griffin-Spalding County Development Authority; to provide that the Authority shall consist of nine (9) members consisting of the Chairman of the Board of Commissioners of the City of Griffin, or if the Chairman shall so elect, another member of the Board of Commissioners of the City of Griffin appointed by him to serve at the pleasure of the Chairman, the Chairman of the Board of Commissioners of Spalding County, Georgia, or if the Chairman shall so elect, another member of the Board of Commissioners of Spalding County, Georgia, appointed by him to serve at the pleasure of the Chairman, the Executive Director of the Chamber of Commerce and three (3) members each to be appointed by the Board of Commissioners of the City of Griffin and by the Board of Commissioners of Spalding County, Georgia, respectively for three-year terms; to provide for interim appointments so as to maintain staggered terms; to provide for the enlargement of the powers of the Authority; to provide that any project begun before the effective date of this Act may be completed hereunder and that Authority members serving pursuant to this Act shall have full

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power to take all actions necessary or appropriate to complete any such project; to provide for an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Pursuant to authority granted in Paragraph N of that Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945) (the Amendment), which was ratified at the general election held on November 6, 1962, and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof, the management and conduct of the Authority is hereby further regulated and the powers of the Authority are further defined, prescribed and enlarged by striking Paragraph A, Paragraph B, subparagraph (5) of Paragraph D, and Paragraph J of the Amendment, which read as follows: A. There is hereby created a body corporate and politic in the City of Griffin to be known as the Griffin Industrial Building Authority, which shall be an instrumentality of the City of Griffin and a public corporation and which in this amendment is hereafter referred to as the `Authority'; B. The Authority shall consist of seven members. The Chairman of the Board of Commissioners of the City of Griffin, the Chairman of the Spalding County Board of Commissioners, and the Executive Director of the Chamber of Commerce shall be members of the Authority; and, in addition, the Board of Commissioners of the City of Griffin shall appoint three members and the Board of Commissioners of Roads and Revenues of Spalding County shall appoint one member. Initially the three members appointed by the Commissioners of the City of Griffin shall be appointed with staggered terms of one, two and three years; the member appointed by the Commissioners of Roads and Revenues shall have a term of four years. Thereafter the appointed members shall each be appointed for four year terms and shall be eligible for reappointment. Vacancies shall be filled for any unexpired term by the Board of Commissioners of the City of Griffin as to the three (3) members appointed by them, or by the Board of Commissioners of Roads and Revenues of Spalding County as to the member named by them. Four of the seven members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act.

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D..... (5) To encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within its boundaries, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, suitable for and intended for use as a factory, mill, shop, processing plant, assembly plant, or fabricating plant, including all necessary or useful furnishings, machinery and equipment. Such acquisition may be through the acquisition of land and the construction thereon of a building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstruction, furnishing and equipping of such building; J. No moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses., in their entirety and by substituting therefor a new Paragraph A, Paragraph B, subparagraph (5) of Paragraph D, and Paragraph J, respectively, to read as follows: A. There is hereby created a body corporate and politic in the City of Griffin to be known as the Griffin-Spalding County Development Authority, which shall be an instrumentality of the City of Griffin and a public corporation and which in this amendment is hereafter referred to as the `Authority'; B. The Authority shall consist of nine members. The Chairman of the Board of Commissioners of the City of Griffin, the Chairman of the Board of Commissioners of Spalding County, Georgia, and the Executive Director of the Griffin-Spalding County Chamber of Commerce shall be members of the Authority, or if the Chairman of either or both Boards of Commissioners shall elect to do so, he may appoint another member of his Board of Commissioners to serve in his stead, such appointment to be during the tenure of and at the pleasure of the Chairman. In addition, the Board of Commissioners of the City of Griffin shall appoint three members for terms of three years each and the Board of Commissioners of

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Spalding County shall appoint three members for terms of three years each. As the terms of office of the existing four appointed Authority members expire, the Board of Commissioners of Spalding County, Georgia, shall appoint a member to fill the term expiring December 31, 1978, and the Board of Commissioners of the City of Griffin shall appoint members to fill the terms expiring December 31, 1979, December 31, 1980, and December 31, 1981. In addition, the Board of Commissioners of Spalding County shall appoint the two new members to three-year terms except that such terms shall initially expire on December 31, 1979, and on December 31, 1980, respectively. Thereafter, appointed members shall each be appointed for three-year terms by the respective Board of Commissioners and vacancies for each unexpired term shall be refilled by the respective Board of Commissioners. Appointed members shall be eligible for reappointment. Five of the nine members shall constitute a quorum and a majority may act for the Authority in any matter. No vacancy shall impair the power of the Authority to act. D..... (5) To encourage and promote the expansion and development of industrial and commercial facilities in Spalding County and the City of Griffin so as to relieve insofar as possible unemployment within the county, and to that end to acquire by purchase or gift any building or structure within the limits of Spalding County, to be used in the production, manufacturing, processing, assembling, storing, or handling of any agricultural, manufactured, mining or industrial product, or any combination of the foregoing, in every case with all necessary or useful furnishings, machinery, equipment, parking facilities, landscaping and facilities for outdoor storage, all as determined by the Authority, which determination shall be final and not subject to review. There may be included as part of any such project all improvements necessary to the full utilization thereof, including site preparation, roads and streets, sidewalks, water supply, outdoor lighting, belt line railroad, causeways, terminals for railroad, automotive and air transportation, and transportation facilities incidental to the project, none of which foregoing descriptive words shall be construed to constitute a limitation, but none of the improvements described in this sentence shall be the primary purpose of any project. Such acquisition may be through the acquisition of land and the construction thereon of a

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building, including the demolition of existing structures, or through the acquisition of an existing building and the remodeling, renovating, reconstructing, furnishing and equipping of such building. Also included in the projects which the Authority may undertake in pursuance of its purpose shall be 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 industrial or commercial facilities which the same is to serve and is necessary for the public welfare. For purposes hereof, the term `air pollution control facility' shall mean any property used primarily to abate or control atmospheric pollution or contamination by removing, containing, altering, disposing or storing of atmospheric pollutants or contaminants if such facility is in furtherance of federal, State or local standards for control of atmospheric pollution or contaminants. For the purpose hereof, the term `water pollution control facility' shall mean any property used primarily to control water pollution by removing, storing, altering or disposing of pollutants, contaminants, wastes or heat, including the necessary intercepting sewers, outfall sewers, pumping, power and other equipment, holding ponds, lagoons and their appurtenances, if such facility is in the furtherance of federal, State or local standards for the control of water pollution. J. Except as may be agreed upon from time to time by the Authority and the respective governing Boards of Commissioners of the City of Griffin and County of Spalding, no moneys derived by the Authority from any source other than gifts and contributions from private individuals, firms or corporations shall at any time be used for entertainment, or other promotional expenses. Section 2. The reference in Paragraph G of the Amendment to the Revenue Bond Law (Ga. Laws 1937, p. 761), as amended, is a reference to said law as it heretofore has been amended and as it hereafter may be amended from time to time. Section 3. Any project commenced prior to the effective date of this Act may be completed by the Authority hereunder, and Authority members appointed pursuant to this Act shall have full power and authority to take all actions necessary or appropriate to complete

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all previously commenced projects according to their terms according to the constitutional Amendment creating the Griffin Industrial Building Authority as originally ratified or as now amended; nevertheless, all projects commenced after the effective date of this Act shall be in accordance with the constitutional Amendment creating the Griffin Industrial Building Authority as now amended. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming 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 1978 Session of the General Assembly of Georgia, an Act further to define, prescribe and enlarge the powers and duties of the Griffin Industrial Building Authority and further to regulate the management and conduct thereof, said Authority having been created pursuant to an Amendment to the Constitution of Georgia of 1945 (Ga. Laws 1962, p. 945), which Amendment was ratified at the general election held on November 6, 1962 and continued in effect in the Constitution of Georgia of 1976 by virtue of Article XIII, Section I, Paragraph II thereof; to provide for an effective date, to repeal conflicting laws and for other purposes. This 16th day of December, 1977. /s/ Raymond Head, Mayor /s/ P. W. Hamil, Chairman Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, John R. Carlisle, who, on oath, deposes and says that he/she 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

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organ of Spalding County, on the following dates: December 20, 1977, December 27, 1977 and January 3, 1978. /s/ John R. Carlisle Representative, 71st District Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF AUGUSTAFIRE DEPARTMENT. No. 1135 (House Bill No. 1908). AN ACT To amend an Act establishing a charter for the City of Augusta and incorporating the City Council of Augusta, approved January 31, 1798 (Ga. Laws 1798), as amended, so as to provide that the rules for qualification, promotional policy and selection policy of the fire department shall be controlled by rules established by the City Council of the City of Augusta; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a charter for the City of Augusta and incorporating the City Council of Augusta, approved January 31, 1798 (Ga. Laws 1798), as amended, is hereby further amended by providing that notwithstanding any other provisions of this Act as amended, after the effective date of this Section, the rules for qualification, promotional policy and selection policy of the fire department

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shall be controlled by rules to be established by the City Council of Augusta. 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, 1978 Session of the General Assembly of Georgia to amend the Charter of the City Council of Augusta to amend the promotion provisions as pertains to the Fire Department, and for other purposes. /s/ Samuel F. Maguire Attorney for the City Council of Augusta Georgia, Richmond County. PERSONALLY APPEARED, W. S. Morris, III, who being duly sworn, deposes and says that he is the President of Southeastern Newspaper 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 28, 1977; January 4, 1978; January 11, 1978. /s/ W. S. Morris, III Sworn to and subscribed before me, this 16th day of January, 1978. /s/ Arlyene Armstrong Notary Public, Richmond County, Georgia. My Commission Expires June 29, 1981. (Seal). Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes

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and says that he/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Leglation was published in the The Augusta Herald which is the official organ of Richmond County, on the following dates: December 28, 1977; January 4 and 11, 1978. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Lucy Ann Eppes Notary Public, Georgia State at Large. My Commission Expires December 15, 1980. (Seal). Approved March 24, 1978. AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITYNAME CHANGED, PROJECTS. No. 1136 (House Bill No. 1909). AN ACT To amend an Act creating the Augusta-Savannah River Parking and Urban Redevelopment Authority, approved April 17, 1975 (Ga. Laws 1975, p. 2941), so as to change the name of said Authority; to provide that work and projects done outside of the city limits of the City of Augusta by or through the Authority shall first be approved by the City Council of Augusta; 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 the Augusta-Savannah River Parking and Urban Redevelopment Authority, approved April 17, 1975 (Ga. Laws 1975, p. 2941), is hereby amended by striking from said Act, wherever the same shall appear, the following: Augusta-Savannah River Parking and Urban Redevelopment Authority, and inserting in lieu thereof the following: Augusta Redevelopment Authority. After the effective date of this Section, said Authority shall hereafter be known as and shall be referred to as the Augusta Redevelopment Authority. Section 2. Said Act is further amended by adding between Sections 18 and 19 a new Section to be designated Section 18A to read as follows: Section 18A. Approval of Council. All work or projects not done within the City Limits of Augusta, by or through the Authority, will first be approved by the City Council of Augusta. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Apply for Local Legislation. Notice is hereby given that Local Legislation will be introduced at the January-February, 1978 Session of the General Assembly of Georgia to change the name of the Augusta-Savannah River Parking and Urban Redevelopment Authority so that it will be known as Augusta Redevelopment Authority and for other purposes. /s/ Samuel F. Maguire Attorney for the City Council of Augusta

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Georgia, Richmond County. PERSONALLY APPEARED, W. S. Morris, III, who being duly sworn, deposes and says that he is the President of Southeastern Newspaper 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 28, 1977; January 4, 1978; January 11, 1978. /s/ W. S. Morris, III Sworn to and subscribed before me, this 16th day of January, 1978. /s/ E. Arlyene Armstrong Notary Public, Richmond County, Ga. (Seal). 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/she is Representative from the 87th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Augusta Herald which is the official organ of Richnond County, on the following dates: December 28, 1977, January 4 and 11, 1978. /s/ Jack Connell Representative, 87th District Sworn to and subscribed before me, this 17th day of February, 1978. /s/ Lucy Ann Eppes Notary Public, Georgia State at Large. My Commission Expires December 15, 1980. (Seal). Approved March 24, 1978.

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CITY OF SMYRNACORPORATE LIMITS, SALARIES, ETC. No. 1137 (House Bill No. 1923). AN ACT To amend an Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 1931, p. 955), as amended, so as to increase the corporate limits of the City of Smyrna; to change the compensation of the Mayor and Council of the City of Smyrna; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Smyrna, approved August 27, 1931 (Ga. Laws 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 Extension of 1978 (Section 4AA), which shall read as follows: Extension of 1978 (Section 4AA). There shall be included in the corporate limits of the City of Smyrna all of the area embraced within the following described tracts and parcels of land: PARCEL ONE: All that tract or parcel of land lying and being in Land Lot 555 of the 17th District, 2nd Section, Cobb County, Georgia, being known as Lot 13, FORREST HILLS SUBDIVISION as shown on a plat of survey by J. P. Phillips dated September 10, 1953 and recorded in Plat Book 11, Page 68, Cobb County Records which is more particularly described as follows: BEGINNING at an iron pin found on the Easterly right of way of Lee Street (50 foot right of way) said iron pin being located 120

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feet southerly as measured along the easterly right of way of Lee Street from its intersection with the Southerly right of way of Twin Oaks Circle (50 foot right of way); thence in an easterly direction along the line forming the boundary between Lots 12 and 13 of said Subdivision 120 feet to an iron pin; thence in a slightly southeasterly direction along the line forming the boundary between Lots 11 and 13 of said Subdivision 70 feet to an iron pin; thence in a southwesterly direction along the line forming the boundary line between Lots 13 and 15 of said Subdivision 120 feet to an iron pin; thence in a westerly direction along the line forming the boundary line between Lots 13 and 14 of said subdivision 101.5 feet to an iron pin found on the easterly right of way of Lee Street; thence in a Northerly direction as measured along the east right of way of Lee Street 120 feet to an iron pin found on said easterly right of way and the point of BEGINNING. Said parcel being a part of Ward 2 as provided by Georgia Laws 1965, page 3023 as amended. PARCEL TWO All that tract or parcel of land lying and being in Land Lot 242 of the 17th District, 2nd Section of Cobb County, Georgia, and being more particularly described as follows: BEGINNING at an iron pin located at the northeast corner of Land Lot 242; running thence south 00 degrees 52 minutes and 01 seconds west 1299.66 feet along the east line of Land Lot 242 to an iron pin located at the southeast corner of Land Lot 242; running thence north 44 degrees 58 minutes and 02 seconds west 1554.81 feet to an iron pin located on the southeast side of Concord Road (70 foot right of way); running thence 347.08 feet northeasterly along the arc of a curve having a radius of 4721.12 feet, being concave to the northwest and having a chord of North 50 degrees 48 minutes and 31 seconds east 347.01 feet, along the southeast side of Concord Road to an iron pin located at the intersection of the southeast side of Concord Road and the north line of Land Lot 242; running thence south 88 degrees 39 minutes and 52 seconds east 849.74 feet along the north line of Land Lot 242 to the northeast corner of Land Lot 242 and the point of beginning and containing 18.820 acres as shown on the plat of survey prepared for Sterling G. Bowen, Inc., by Ross/Lee Consulting Engineers, Inc., and dated May 13, 1977.

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Said parcel being a part of Ward 7, as provided by Georgia Laws 1965, Page 3023, as amended. PARCEL THREE: All that land situate wholly within the land of the United States of America, Dobbins Air Force Base, hereinafter referred to as the Air Force Base in Land Lots 518, 563 and 590, 17th District, 2nd Section, Cobb County, Georgia, being bound now or formerly on the North, East and South by other land of the Air Force Base; and on the West by the Air Force Base boundary line and being more particularly described as follows: BEGINNING at an iron pin on the Air Force Base boundary line located south 01 degrees 22 minutes east 125.62 feet from a concrete monument on the Air Force Base boundary line, common to Land Lots 517, 518, 491 and 492; thence along new lines through the land of the Air Force Base south 85 degrees 25 minutes east 2400.00 feet to an iron pin; north 87 degrees 52 minutes east 1200.00 feet to an iron pin, south 12 degrees 04 minutes east 888.56 feet to an iron pin, south 88 degrees 46 minutes west 1129.37 feet and south 89 degrees 47 minutes west 2623.25 feet to an iron pin on the Air Force Base boundary line; thence along the Air Force Base boundary line north 01 degrees 22 minutes west 1049.98 feet to the point of beginning and containing 77.472 acres more or less. Said parcel being a part of Ward 1, as provided by Georgia Laws 1965, page 3023, as amended. Section 2. Said Act is further amended by striking Section 6(b) in its entirety and inserting in lieu thereof a new Section 6(b), to read as follows: Section 6(b). Effective July 1, 1978, the Mayor of the City of Smyrna shall be paid a salary of $500.00 per month and each councilman of the said city shall be paid a salary of $325.00 per month. The compensation of all other officials and employees of the City of Smyrna, except as otherwise provided by law, shall be determined by the mayor and council of the city.

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Section 3. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 5. All of the Acts heretofore passed relating to the incorporation of the City of Smyrna, including all amendatory Acts to its charter and parts of said Acts, not in conflict with this Act, and all powers belonging to said city, as now incorporated, and all rules, ordinances, and regulations of said town, not in conflict with this Act, shall be and remain in full force and effect. Section 6. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be intoduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend the charter of the City of Smyrna (Ga. L. 1931, p. 356), as heretofore amended; and for other purposes.

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This 30th day of December, 1977. /s/ Roy E. Barnes /s/ Haskew Brantley /s/ Joe L. Thompson Senators /s/ A. L. Burruss /s/ Bill Cooper /s/ Carl Harrison /s/ Eugene Housley /s/ Johnny Isakson /s/ Max Kaley /s/ Ken Nix /s/ Joe Mack Wilson Representatives Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ken Nix, who, on oath, deposes and says that he/she 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 30, 1977, January 6, 1978 and January 13, 1978. /s/ Ken Nix Representative, 20th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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FAYETTE COUNTYSALARY OF CLERK OF SUPERIOR COURT. No. 1138 (House Bill No. 1951). AN ACT To amend an Act abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof, approved March 10, 1965 (Ga. Laws 1965, p. 2237), as amended, so as to change the compensation of the clerk of superior court; to provide for longevity increases; 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 abolishing the fee system of compensation for the Clerk of Superior Court of Fayette County and providing an annual salary in lieu thereof, approved March 10, 1965 (Ga. Laws 1965, p. 2237), 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 Clerk of Superior Court of Fayette County shall receive a salary of $1,637.50 per month until January 1, 1979. Effective January 1, 1979, the Clerk of Superior Court of Fayette County shall receive a base salary of $17,500 per annum, payable in equal monthly installments from the funds of Fayette County and in addition thereto, effective January 1, 1979, and on the first day of January of each year thereafter the salary of the clerk of superior court shall be increased by 5% of the salary the clerk of superior court received during the immediately preceding calendar year; provided that if the clerk of superior court receives any annual or periodic increase in compensation under the provision of any general law of this State an amount equal to the amount received under such general law as an annual or periodic increase shall be deducted from the amount of the increase provided by this Section in arriving at the annual increase to be paid to the clerk of superior court under the provisions of this Section. The provisions of this Section shall not be construed as prohibiting the clerk of superior court from receiving any annual or periodic increase authorized by any general law of this State.

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(b) The clerk of the superior court of said county shall have the authority to employ such deputy clerks and other personnel as he shall determine necessary to efficiently and effectively discharge the duties of his office. Such personnel shall be compensated as hereinafter provided. Section 2. This Act shall become effective on May 1, 1978. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to change the compensation of the Clerk of the Superior Court of Fayette Couny, to repeal conflicting laws and for other purposes. PUBLISHER'S AFFIDAVIT Georgia, Fayette County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Quimby Melton, III, who, on oath, deposes and says that he is publisher of the Fayette County NEWS, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fayette County NEWS, which is the official organ of Fayette County, on the following dates: December 14, 1977, December 21, 1977, December 28, 1977 and February 15, 1978. /s/ Quimby Melton, III Publisher, Fayette County News Sworn to and subscribed before me, this 17th day of February, 1978.

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/s/ Helen S. Teague Notary Public, Georgia State at Large. My Commission Expires August 21, 1981. (Seal). Approved March 24, 1978. CITY OF CARROLLTONELECTION OF BOARD OF EDUCATION. No. 1139 (House Bill No. 1954). AN ACT To amend an Act establishing a system of public schools for the City of Carrollton, approved November 26, 1886 (Ga. Laws 1886, p. 306), as amended, so as to change the provisions relating to the election of the Board of Education for Carrollton; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act establishing a system of public schools for the City of Carrollton, approved November 26, 1886 (Ga. Laws 1886, p. 306), as amended, is hereby amended by adding, following Section 3, a new Section 3A, to read as follows: Section 3A. Any other provision of this Act or any law to the contrary notwithstanding, beginning with the members of the board of education who are to be elected in 1979, members of the Board of Education for Carrollton shall be elected in the city elections held for the election of mayor and councilmen of the City of Carrollton. No candidate for office as a member of the board of education shall be elected to such office in any city election unless such candidate shall have received a majority of the votes cast to fill such office. In the event no candidate for the office receives a majority of the votes cast, a run-off election shall be held as provided for in Code Title 34A, the Georgia Municipal Election Code, as now or hereafter amended, or as otherwise provided by the general laws of the State of Georgia.

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Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act establishing a system of public schools for the City of Carrollton, approved November 28, 1886 (Ga. Laws 1886, p. 306), as amended; and for other purposes. This 17th day of January, 1978. /s/ Gerald Johnson /s/ Tom Glanton Representatives Carroll County, Georgia AFFIDAVIT Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County, Georgian, legal organ for Carroll County. The following dates, to-wit: January 26, February 2, and February 9. Sworn to on the 16th day of February, 1978. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 16th day of February, 1978. /s/ Carolyn Sullivan (Seal). Approved March 24, 1978.

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CITY OF MT. ZIONNEW CHARTER. No. 1140 (House Bill No. 1957). AN ACT To provide a new Charter for the City of Mt. Zion; 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 Mt. Zion in the County of Carroll, approved March 4, 1953 (Ga. Laws 1953, p. 3012), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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ARTICLE I CREATION, INCORPORATION, POWERS Section 1.11. Incorporation. The Mayor and Council of the Town of Mt. Zion, Georgia, hereinafter referred to as City of Mt. Zion, 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 Mt. Zion, 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 Mt. Zion, 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 Mt. Zion, Georgia, 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 Mt. Zion, 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 the government of the City of Mt. Zion, to be exercised by the governing authority, may include the following:

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(1) To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions and to license and regulate such privileges, occupations, trades and professions, and to provide for the manner and method of payment of such licenses and taxes; (3) To make appropriations for the support of the government of the City, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the City; (4) To appropriate and borrow money for the payment of debts of the City and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this Charter or the laws of the State of Georgia; (5) To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the City; (6) To accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the City and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (7) To condemn property, inside or outside the corporate limits of the City for present or future use, and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Georgia Code or under other applicable Public Acts as are or may be enacted; such power to be exercised only within Carroll County; (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

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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 of 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 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;

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(15) To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (16) To regulate or prohibit junk dealers, pawn shops; the manufacture, sale or transportation of intoxicating liquors; the use and sale of firearms; and to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; (17) To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind, whatever, by taxation or otherwise; (18) To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City, and to prescribe penalties and punishment for violation of such ordinances; (19) To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) To regulate the emission of smoke or other exhaust which pollutes the air, to prevent the pollution of natural streams which flow within the corporate limits of the City 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;

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(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 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;

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(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, 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, 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, officials and employees of the City; to provide health, accident, and life insurance policies for officers, officials and employees of the City;

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(37) To levy and provide for the collection of special assessments to cover the costs for any public improvements; (38) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (39) To create, alter or abolish departments, boards, offices, commissions, and agencies of the City, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (40) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the City and the inhabitants thereof, and for preserving the health, peace, order and good government of the City; (41) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (42) To exercise the power of arrest through duly appointed policemen; (43) To establish procedures for determining and proclaiming that an emergency situation exists within or without the City, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the City; (44) To 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

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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; (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.

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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 AUTHORITY Section 2.10. Creation; Composition; Number; Election. The legislative authority of the government of the City of Mt. Zion, 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 Mayor and 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 Mt. Zion, Georgia. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) Vacancies - The 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 Office - The 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 prescribed by this Charter

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or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies - A vacancy in the office of Mayor or 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. 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 Mt. Zion, Georgia, as provided by Article I.

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(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 City of Mt. Zion, Georgia, and may enforce such ordinance by imposing penalties for violation thereof. (c) The Council may by ordinance create, change, alter, abolish, or consolidate offices, agencies, and departments of the City and may assign additional functions to any of the offices, agencies, and departments expressly provided for by this Charter. Section 2.17. Powers and Duties of Mayor. The Mayor shall be the 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 have the same voting rights as the City Council persons. 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 elected and qualified. He shall be a qualified elector of the City of Mt. Zion. 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.

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(b) Clerk. Following the swearing in of all Council members the Council, by majority vote, shall elect one of their members or any citizen of Mt. Zion 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, the incumbent Mayor or the City Attorney and the oaths 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 my office of the Mayor and Council of the City of Mt. Zion, 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 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.

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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 two (2) 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 enacting clause shall be The Mayor and Council of the City of Mt. Zion, Georgia, hereby ordains.... (b) An ordinance may be introduced by the Mayor or any member of the Council and be 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

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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) 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 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 and Mayor (or such person designated by Council) shall authenticate by their signatures 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 and any amendment thereto, and such codes of technical regulations and other rules and regulations

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as the City Council may specify. This compilation may be known and cited officially as The Code of the City of Mt. Zion, 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 Mt. Zion, 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 Mayor and 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 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

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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. 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 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 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.

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(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 Mayor and 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 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 or Mayor in his absence 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 Mayor and Council for neglect of duty. He shall be appointed by the Mayor and Council and serve at the discretion of the Mayor and 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

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other duties as may be required by law or that the City Council may direct. If the Clerk is not a member of the City Council, then such person may receive such salary and compensation as the Mayor and Council may fix by ordinance. (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 the City Clerk. Section 3.20. City Manager; Appointment, Qualification and Compensation. The Mayor and Council may appoint by enacting ordinance for an indefinite term, an officer 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 Mayor and Council. The compensation of the manager shall be fixed by the Mayor and 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 Mt. Zion, Georgia. In the event of the creation of said office of the City Manager, he or she shall be responsible to the Mayor and Council for the proper and efficient administration of the affairs of the City.

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Section 3.22. Powers and Duties. As chief administrative 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 Mayor and 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 Mayor and 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 Mayor and 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 Mt. Zion, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said City and State as allowed by State law and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any

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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 ordinance 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 Mt. Zion 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 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.

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(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 Mt. Zion, 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. (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.

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(g) The Municipal Court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Mt. Zion 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 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 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. ARTICLE V ELECTIONS Section 5.10. Regular Elections; Time for Holding; Terms. (a) Those persons serving as Mayor and Councilmen on the effective date of this Act shall continue to serve until the expiration of their terms of office and the election and qualification of their successors. The posts held by those members of the Council whose terms of office expire on the first Saturday in April 1978 shall be designated Posts 3 and 4 and the posts held by those members of the Council whose terms of office expire on the first Saturday in April 1979 shall be designated Posts 1 and 2. Each person qualifying for the City Council shall designate for which post he is qualifying.

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(b) The Mayor and Council shall serve and be elected at large. On the first Saturday in April 1978 and the first Saturday in April every other year thereafter, there shall be an election for Posts 3 and 4 of the Council. On the first Saturday in April 1979 and the first Saturday in April every other year thereafter, there shall be an election for Posts 1 and 2 of the Council and for the office of Mayor. (c) Members of the Mayor and Council shall take office upon their election for terms of office of two years and until their successors are elected and qualified. 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 Mt. Zion. 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 Mt. Zion, 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. 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, 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 Mayor and 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. 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:

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(a) Incompetence, misfeasance, or malfeasance in office; (b) Conviction of a crime involving moral turpitude; (c) Failure at any time to possess any of the qualifications of office as provided by this Charter or by law; (d) 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 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 (10) days after the service of such written notice. Any elected 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 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 Carroll County as provided by law. 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 Mt. Zion. 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.

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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 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

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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 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

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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, 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. Laws 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.

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Section 6.30. Fiscal Year. The Council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for 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 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 fund 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.

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(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 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 Mayor and 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.

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(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 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 Mayor and 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

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bond issues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City. 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, 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.

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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 shall provide for the registration of all franchises with the City Clerk in the registration book to be kept by him. The Council may provide, by ordinance, for the registration within a reasonable time of all franchises previously granted. Section 7.22. Building, Housing, Electrical, and Plumbing Regulations. The Council shall have the power and authority to enact such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the Council, be exercised by adoption

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of any such standard building, housing, gas, heating and airconditioning, electrical and plumbing codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees 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 Mt. Zion not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified, or amended. Section 8.12. Section Captions . The captions to the several sections of this Charter are informative only and are not to be considered as a part thereof. Section 8.13. Gender . The use of masculine nouns in this Charter are for uniformity only and in no way are to be interpreted as discriminating 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 five hundred dollars ($500) 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

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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 Mt. Zion in the County of Carroll, approved March 4, 1953 (Ga. Laws 1953, p. 3012), 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. 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 1978 Session of the General Assembly of Georgia, a bill to provide for a new charter for the City of Mount Zion, Georgia (now the Town of Mount Zion, Georgia). To repeal conflicting laws and for other purposes. /s/ Jack Dorsey, Mayor, Town of Mount Zion, Georgia

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AFFIDAVIT Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: January 12, January 19, and January 26. Sworn to on the 6th day of February, 1978. /s/ Stanley Parkman, Publisher Sworn to and subscribed before me, on the 6th day of February, 1978. /s/ Carolyn Sullivan Notary Public. (Seal). Approved March 24, 1978. CATOOSA COUNTYCLERICAL ASSISTANCE FOR COUNTY COMMISSIONERS. No. 1141 (House Bill No. 1962). AN ACT To amend an Act creating the office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), so as to change the amount paid for clerical assistance

Page 4207

to 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 office of Commissioner of Catoosa County, approved February 23, 1943 (Ga. Laws 1943, p. 858), as amended, particularly by an Act approved March 19, 1974 (Ga. Laws 1974, p. 2195), an Act approved April 14, 1975 (Ga. Laws 1975, p. 2852), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3349), is hereby amended by striking from the fourth sentence of Section 9 the following: $9,000, and inserting in lieu thereof the following: $12,000, so that when so amended, said 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 $12,000 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be requested local legislation to increase the clerical allowance in the office of the Commissioner of Roads and Revenue, at the January, 1978 Session of the General Assembly of the State of Georgia. /s/ James A. Moreland Commissioner of Roads Revenue 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 asvertisements are published in Catoosa County, Georgia, and that the notice shown below has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21st day of February, 1978. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 24, 1978.

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CATOOSA COUNTYSALARY OF TAX COMMISSIONER, ETC. No. 1142 (House Bill No. 1963). AN ACT To amend an Act creating the office of Tax Commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2854), so as to change the compensation of the tax commissioner and his clerical assistance 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 the office of Tax Commissioner of Catoosa County, approved February 10, 1937 (Ga. Laws 1937, p. 1267), as amended, particularly by an Act approved April 14, 1975 (Ga. Laws 1975, p. 2854), is hereby amended by striking Section 5 in its entirety, which reads as follows: Section 5. The compensation of the Tax Commissioner of Catoosa County shall be, as full compensation for any and all duties performed by him as receiver and collector of county, school district and special taxes, a fixed salary of four thousand dollars ($4,000.00) per annum, to be paid in equal semi-monthly installments; and, beginning on the effective date of this section, the sum of seventeen thousand eight hundred dollars ($17,800.00) per annum, to be paid in equal semi-monthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional and special taxes collected by him, but all commissions due to said tax commissioner for intangible taxes collected, school taxes, and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this Section be used to pay bonuses to

Page 4210

employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county., and inserting in lieu thereof the following: Section 5. The compensation of the Tax Commissioner of Catoosa County, as full compensation for any and all duties performed by him as receiver and collector of school district and school bond taxes, and of county taxes for the first 90 percent of the ad valorem net digest, shall be a fixed salary of eight thousand five hundred dollars ($8,500.00) per annum, to be paid in equal semi-monthly installments; and the sum of twenty thousand eight hundred dollars ($20,800.00) per annum, to be paid in equal semi-monthly installments for clerical help necessary for the performance of the duties of said office. Said tax commissioner shall be entitled to the commissions now allowed tax collectors on all State, professional and special taxes, on all taxes collected in excess of 90 percent of the total taxes due according to the ad valorem net digest, and on all intangible taxes, but all commissions due to said tax commissioner for school taxes, school bond taxes and any and all other taxes not hereinabove specifically mentioned shall be paid into the county treasury. All allowances and salaries paid under this Act shall be paid directly by the county treasurer to the person or persons performing such clerical help, and no person performing such clerical help for the tax commissioner shall be related to said commissioner closer than the fifth degree of consanguinity or affinity. In no event shall the clerical allowance provided in this Section be used to pay bonuses to employees. In the event the maximum allowance for clerical help is not needed for such purpose, then the unused portion thereof shall remain as part of the general funds of the county. Section 2. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. 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 requested local legislation to increase the clerical allowance and adjust the compensation of the Tax Commissioner's Office of Catoosa County, Georgia, at the January, 1978 session of the General Assembly of the State of Georgia. This the 20th day of December, 1977. /s/ Charles Proctor, Tax Commissioner 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 above has been duly and regularly published in The Catoosa County News 3 times, on the issues dated, to-wit: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21st day of February, 1978. /s/ Juanita Caldwell Notary Public, Georgia State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 24, 1978.

Page 4212

CATOOSA COUNTYSALARY AND BUDGET OF SHERIFF. No. 1143 (House Bill No. 1964). AN ACT To amend an Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), so as to change the salary of the sheriff; to change the annual and monthly budget of the sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for the fiscal administration of the office of Sheriff of Catoosa County, approved March 23, 1977 (Ga. Laws 1977, p. 3370), is hereby amended by striking from the first sentence of Section 3 the following: as provided by law, and inserting in lieu thereof the following: $17,300.00, so that when so amended, said Section 3 shall read as follows: Section 3. The annual salary of the Sheriff of Catoosa County shall be $17,300.00. 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 2. Said Act is further amended by striking from paragraph (1) of subsection (g) of Section 4 the following: $212,950.00, and inserting in lieu thereof the following: $262,950.00,

Page 4213

and by striking from said paragraph the following: $17,746.00, and inserting in lieu thereof the following: $21,912.50, so that when so amended, said paragraph (1) shall read as follows: (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 $262,950.00 in any fiscal year, nor shall the monthly budget and expenditures of the sheriff exceed $21,912.50 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. Section 3. Said Act is further amended by striking from the first sentence of paragraph (3) of subsection (g) of Section 4 the following: the effective date of this Act and ending December 31, 1977, the sheriff's budget shall be $17,746.00, and inserting in lieu thereof the following: April 1, 1978, and ending December 31, 1978, the sheriff's budget shall be $21,912.50, so that when so amended, said paragraph (3) shall read as follows: (3) With respect to that portion of the sheriff's fiscal year beginning on April 1, 1978, and ending December 31, 1978, the sheriff's budget shall be $21,912.50 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.

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Section 4. This Act shall become effective on April 1, 1978. 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 requested Local Legislation to increase the salary of the Catoosa County Sheriff's office and to increase the budget for the sheriff's office of Catoosa County, at the January 1978 session of the General Assembly of the State of Georgia. /s/ J. D. Stewart Sheriff, 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 above has been duly and regularly published in THE CATOOSA COUNTY NEWS 3 times, on the issues dated, to-wit: January 5, 1978, January 12, 1978, January 19, 1978. /s/ Jim Caldwell Sworn to and subscribed before me, this the 21st day of February, 1978. /s/ Juanita Caldwell Notary Public, Georgia, State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 24, 1978.

Page 4215

CATOOSA COUNTYCLERICAL ASSISTANCE FOR PROBATE COURT. No. 1144 (House Bill No. 1965). 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. Laws 1959, p. 2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073), so as to change the allowances for clerical help for 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 and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, approved February 20, 1959 (Ga. Laws 1959, p. 2047), as amended, particularly by an Act approved March 11, 1977 (Ga. Laws 1977, p. 3073), is hereby amended by striking from Section 3 thereof the following: $8,600.00 per annum, and inserting in lieu thereof the following: $12,600.00 per annum, 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 $12,600.00 per annum Clerical help for the Clerk of the Superior Court $13,000.00 per annum.

Page 4216

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 fulltime 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 2. This Act shall become effective on the first 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 requested local legislation to increase the clerical allowance in the office of the Probate Court, at the January, 1978 Session of the General Assembly of the State of Georgia. This the 28th day of December, 1977. /s/ Sam T. Dillis Probate Judge Catoosa County 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

Page 4217

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 above has been duly and regularly published in THE CATOOSA COUNTY NEWS 3 times, on the issues dated, to-wit: January 5, 1978, January 12, 1978, January 19, 1978. /s/ Jim Caldwell Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Juanita Caldwell Notary Public, Georgia, State at Large. My Commission Expires April 22, 1981. (Seal). Approved March 24, 1978. MACON COUNTYOFFICE OF TAX COMMISSIONER CREATED, REFERENDUM. No. 1145 (House Bill No. 1966). AN ACT To consolidate the offices of Tax Receiver and Tax Collector of Macon County into the office of the Tax Commissioner of Macon County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of expenses; to make provisions relative to taxes and tax fi. fas.; to provide for a referendum; to repeal conflicting laws; and for other purposes.

Page 4218

Be it enacted by the General Assembly of Georgia: Section 1. The offices of Tax Receiver and Tax Collector of Macon County are hereby consolidated and combined into the one office of the Tax Commissioner of Macon County. The rights, duties and liabilities of the tax commissioner, except as otherwise provided herein, shall be the same as those imposed upon tax receivers and tax collectors by the laws of this State. Section 2. The first election for the office of tax commissioner created herein shall be held at the same time as the election of other county officers for Macon County in 1980. The person so elected shall take office on the first day of January following his election, and he shall serve until December 31, 1984, and until his successor is duly elected and qualified. All future elections for tax commissioner shall be held at the same time as elections for other county officers, and all future tax commissioners shall take office on the first day of January following their election and shall serve a term of office of four years and until their successors are duly elected and qualified. Nothing herein shall affect the term of office of the present Tax Collector and Tax Receiver of Macon County, and their terms of office shall continue through December 31, 1980. Should any vacancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provision of law for filling vacancies in the office of tax collector. Section 3. The tax commissioner shall receive for his services as such an annual salary in an amount equal to the minimum salary established by general law for a tax collector in a county having the same population as Macon County plus such additional salary, if any, established by the governing authority of Macon County. The salary shall be payable in equal monthly installments from the funds of Macon County. 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 Macon 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

Page 4219

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. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials. Section 5. The tax commissioner shall be authorized to employ such assistants and other personnel as may be approved by the governing authority of Macon 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 6. All expenses of the tax commissioner's office, expressly including the compensation of personnel, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities and equipment, and the repair, replacement and maintenance 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 Macon County. Section 7. All taxes due and payable Macon County at the time the tax commissioner takes office shall continue to be due and payable until paid. All tax fi. fas. heretofore issued shall have full force and effect and shall be collectible as issued. Section 8. Not less than 90 nor more than 120 days after the date of the approval of this Act by the Governor, or after it otherwise becomes law, it shall be the duty of the election superintendent of Macon County to issue the call for an election for the purpose of submitting this Act to the electors of Macon County for approval or rejection. The superintendent shall set the date of such election the day of the general election to be held in Macon 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 Macon

Page 4220

County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall the Act merging the offices of Tax Receiver and Tax Collector of Macon County into the office of tax commissioner 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 Macon County. It shall be the duty of the superintendent to hold and conduct such election. It shall be his further duty to certify the result thereof to the Secretary of State. Section 9. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to merge the offices of Tax Collector and Tax Receiver of Macon County into the single office of Tax Commissioner of Macon County effective upon the expiration of the terms of office of the present Tax Collector and Tax Receiver of Macon County and to provide for the election, powers, duties, compensation and employees of the Tax Commissioner;

Page 4221

to provide for a referendum on the question of merger; and, for other purposes. This 31st day of January, 1978. /s/ Hugh A. Carter Senator, District 14 /s/ Ed Baker Senator, District 18 /s/ Larry Walker Representative, District 115 /s/ Bryant Culpepper Representative, District 98 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/she is Representative from the 115th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Citizen and Georgian which is the official organ of Macon County, on the following dates: February 1, 1978, February 8, 1978, February 15, 1978. /s/ Larry Walker Representative, 115th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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BACON COUNTYSMALL CLAIMS COURT ACT AMENDED. No. 1146 (House Bill No. 1970). AN ACT To amend an Act creating the Small Claims Court in Bacon County, approved March 29, 1973 (Ga. Laws 1973, p. 2337), so as to change the provisions relative to the cost of filing claims; to change the provisions relative to jurisdiction; 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 in Bacon County, approved March 29, 1973 (Ga. Laws 1973, p. 2337), 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 in and for Bacon County. Said Court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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 Section 8 and inserting in lieu thereof a new Section 8 to read as follows:

Page 4223

Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.50 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 $12.50. 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 $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Legal. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend an act creating the Small Claims Court in Bacon County approved March 29, 1973 (Ga. Laws 1973, p. 2337) and for other purposes. This day of, 1978.

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LEGAL. 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/she is Representative from the 152nd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Alma Times which is the official organ of Bacon County, on the following dates: January 26, 1978, February 2, 1978, February 9, 1978. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 13th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF MOLENATERMS, ETC. OF MAYOR AND ALDERMEN. No. 1147 (House Bill No. 1972). AN ACT To amend an Act incorporating the City of Molena, approved August 23, 1905 (Ga. Laws 1905, p. 1018), as amended, particularly by an Act approved August 10, 1920 (Ga. Laws 1920, p. 1319), so as to change the terms of the mayor and aldermen and provide for staggered terms and for certain designations relating thereto; 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 incorporating the City of Molena, approved August 23, 1905 (Ga. Laws 1905, p. 1018), as amended, particularly by an Act approved August 10, 1920 (Ga. Laws 1920, p. 1319), is hereby amended by adding between Sections 1 and 2 a new Section 1A, to read as follows: Section 1A. Those persons serving as mayor and aldermen on the effective date of this Section shall serve out the remainder of their terms. The five offices of alderman shall be designated as `Alderman Post 1,' `Alderman Post 2,' `Alderman Post 3,' `Alderman Post 4,' and `Alderman Post 5.' Any person desiring to offer as candidate for alderman shall designate the alderman post for which he is announcing. Successors to the offices of mayor and aldermen shall be elected on the first Monday in November, 1978, and shall take office on the first Monday in January, 1979, for terms as follows: the aldermen for Posts 1 and 2 and the mayor shall serve for a term of one year, and aldermen for Posts 3, 4, and 5 shall serve for a term of two years. Thereafter, successors shall be elected on the first Monday in November immediately preceding the expiration of the respective term of office, and they shall assume office on the first Monday in January immediately following their respective elections, and they shall each serve for terms of two years. The mayor and aldermen shall serve until their successors are elected and qualified. Section 2. Said Act is further amended by striking from Section 2 the following: That the present mayor and council hold their office, subject to all the conditions and regulations contained in this charter until their successors are elected on first Monday in November of each year and qualify on the first Monday in January of the following year. The mayor and aldermen shall be elected for the term of one year, and the mayor and aldermen shall immediately appoint the policeman, clerk and treasurer., and inserting in lieu thereof the following: After their election, the mayor and aldermen shall immediately appoint the policeman, clerk and treasurer.

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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 regular 1978 Session of the General Assembly of Georgia a bill to amend an Act incorporating the City of Molena, approved August 23, 1905 (Ga. Laws 1905, p. 1018), as amended, so as to change the terms of the mayor and aldermen and to provide for staggered terms; to repeal conflicting laws; and for other purposes. This 26th day of Jan., 1978. /s/ Marvin Adams Representative, 79th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Marvin Adams who, on oath, deposes and says that he/she is Representative from the 79th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Pike County Journal which is the official organ of Pike County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Marvin Adams Representative, 79th District

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Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. SUMTER COUNTYTAX COMMISSIONER'S COMPENSATION. No. 1148 (House Bill No. 1994). AN ACT To amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), so as to clarify the provisions of the law to authorize the tax commissioner to receive the same commissions which were the usual and customary commissions received by the tax commissioner prior to January, 1977; 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 consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner, approved August 18, 1925 (Ga. Laws 1925, p. 744), as amended, particularly by an Act approved February 26, 1962 (Ga. Laws 1962, p. 2237), is hereby amended by striking Section 10 in its entirety and inserting in lieu thereof a new Section 10, to read as follows: Section 10. (a) The compensation of the tax commissioner shall not exceed $7,999.00 per annum, the exact amount to be fixed by the Board of Commissioners of Sumter County, payable in equal monthly installments out of the general funds of Sumter County.

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(b) All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held in trust as public funds belonging to Sumter County. On or before the fifteenth 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 statement showing the sources from which such funds were collected. It is specifically provided that the compensation of the tax commissioner provided herein shall be in addition to 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 officials as agents of the State Revenue Commissioner, approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, and an Act relating to the commissions on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended. Provided, however, the tax commissioner shall only be allowed to retain commissions sufficient to increase his total compensation to $17,000.00 per annum. Any excess commissions collected by the tax commissioner shall be remitted to the fiscal authority of said county as provided 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 1978 session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Sumter County into the one office of Tax Commissioner, approved August 16, 1925 (Ga. Laws 1925, p. 744) as amended, so as to clarify the provisions of the law so as to authorize the Tax Commissioner to receive the same commissions which were the usual and

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customary commissions received by the Tax Commissioner of Sumter County prior to January, 1977; and for other purposes. This 26th day of January, 1978. /s/ Hugh Carter Senator, 14th District /s/ Don Castleberry Representative, 111th District /s/ Bill Murray Representative, 116th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bill Murray who, on oath, deposes and says that he/she 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 26, 1978, February 3, 1978 and February 10, 1978. /s/ Bill Murray Representative, 116th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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PIKE COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 1149 (House Bill No. 1995). AN ACT To amend an Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (Ga. Laws 1966, p. 2821), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3462), so as to change the compensation of the chairman and members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act fixing the salary for the chairman and members of the Board of Commissioners of Pike County, approved March 2, 1966 (Ga. Laws 1966, p. 2821), as amended by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3462), 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 salaries of the members of the Board of Commissioners of Pike County, except for the chairman, shall be $3,000.00 per annum and an expense allowance of $50.00 per month and the chairman shall receive $3,600.00 per annum and an expense allowance of $50.00 per month, 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that, pursuant to request made by resolution of the Board of Commissioners of Pike County, a bill will be introduced at the regular 1978 session of the General Assembly of Georgia, so as to change the compensation of the chairman and members of the board; and for other purposes. This 3rd day of January, 1978. /s/ Bill Jones Representative, 78th District /s/ Marvin Adams Representative, 79th District /s/ Peter 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/she 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 12, 1978, January 19, 1978 and January 26, 1978. /s/ Bill Jones Representative, 78th District Sworn to and subscribed before me, this 14th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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BARROW COUNTYACT CREATING BOARD OF COMMISSIONERS AMENDED. No. 1150 (House Bill No. 1996). AN ACT To amend an Act to re-create and establish a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. Laws 1976, p. 4033), so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the chairman of the Board of Commissioners; to provide an expense allowance to the members of the Board of Commissioners; to change the fiscal year of the county; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act to re-create and establish a Board of Commissioners of Barrow County, approved April 2, 1976 (Ga. Laws 1976, p. 4033), is hereby amended by striking from Section 10 thereof the following: ; nor shall any member of any firm of which he may be a member or any corporation in which he may own stock, or by which he may be employed, buy anything from or sell anything to or perform any contract of service, either directly or indirectly of any character whatever, with the Board, so that when so amended Section 10 shall read as follows: Section 10. No member of the Board shall hold any subordinate position of the Board. Section 2. Said Act is further amended by striking subsection (a) of Section 11 thereof in its entirety and substituting in lieu thereof a new subsection (a) of Section 11 to read as follows: (a) (1) The chairman of the Board shall be compensated in the amount of $12,000.00 per annum; provided, that beginning on the first day of the term for which a chairman is elected at

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the general election to be held in 1980, the chairman shall be compensated in the amount of $15,000.00 per annum. The salary of the chairman shall be paid in equal monthly installments from the funds of Barrow County. The chairman shall be on a full-time basis and shall devote himself solely to the duties of his office. (2) The members of the Board other than the chairman shall be compensated in the amount of $200.00 per month, to be paid from the funds of Barrow County, and shall devote the time necessary in assisting the chairman. (3) The chairman and each other member of the Board may receive an expense allowance of $25.00 per day for each day spent in the execution of their official duties. The expense allowance shall be payable for not more than three days in each calendar month and shall not be payable with respect to the one day in each month upon which a session of the Board is required to be held pursuant to Section 13 of this Act. The allowance authorized by this paragraph shall be payable monthly upon presentation of a written statement by the member seeking the allowance of the number of days for which the allowance is claimed and the official duties performed by the member on each such day. The statements required pursuant to this paragraph shall be kept on file with the Board for not less than four years and shall be available for public inspection at all reasonable times. (4) The chairman and members of the Board of Commissioners shall be reimbursed from the funds of Barrow County for the necessary and actual expenses in the execution of their official duties and not reimbursed pursuant to paragraph (3) of this subsection. Section 3. Said Act is further amended by adding a new Section after Section 17 thereof, to be designated Section 17A, to read as follows: Section 17A. Beginning October 1, 1978, the fiscal year of Barrow County shall begin on October 1 in each year and shall end on September 30 of the following calendar year.

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Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. 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 the local legislative delegation will be requested to introduce at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act to recreate and establish a Board of Commissioners for Barrow County, approved April 2, 1976 (Ga. Laws 1976 p. 4033), so as to change certain provisions relating to limitation on business dealings with the county by certain persons, firms, and corporations; to change the compensation of the Chairman and members of the Board of Commissioners; to change the fiscal year; and for other purposes. This 24th day of January, 1978. /s/ James H. Harwell, Jr. Chairman, Board of Commissioners of Barrow County

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Georgia, Barrow County. Personally appeared before the undersigned attesting officer duly authorized to administer oaths, KENNETH HUDGINS, the Publisher of The Winder News, which is the official organ of Barrow County, Georgia, who, after being duly sworn, deposes and says that there has been deposited with said newspaper the cost of publishing therein once a week for three consecutive weeks the attached legal notice and that said notice as attached was published on January 25th, February 1st and February 8th, 1978. This 16th day of February, 1978. THE WINDER NEWS /s/ Kenneth Hudgins Publisher Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Linda Sims Notary Public, State of Georgia. My Commission Expires July 21, 1978. (Seal). Approved March 24, 1978. BARROW COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1151 (House Bill No. 1997). AN ACT To amend an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County, approved April 3, 1972 (Ga. Laws 1972, p. 3404), so as to change the compensation of 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 to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County, approved April 3, 1972 (Ga. Laws 1972, p. 3404), is hereby amended by striking from Section 3 thereof the following: of $12,500, and substituting in lieu thereof the following: in the same amount as provided by general law as the minimum salary for a clerk of the superior court in a county having the same population as Barrow County. The annual salary shall be, so that when so amended Section 3 shall read as follows: Section 3. The tax commissioner shall receive for his services as such an annual salary in the same amount as provided by general law as the minimum salary for a clerk of the superior court in a county having the same population as Barrow County. The annual salary shall be payable in equal monthly installments from the funds of Barrow County. Section 2. This Act shall become effective on the first day of the term for which a tax commissioner for Barrow County is elected at the general election to be held in November, 1980. 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 the local legislative delegation will be requested to introduce at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating an office of Tax Commissioner in Barrow County, approved April 3, 1972 (Ga. Laws 1972, p. 3404), as amended, so as to change the compensation of the tax commissioner; and for other purposes. This 24th day of January, 1978. /s/ James H. Harwell, Jr. Chairman, Board of Commissioners of Barrow County Georgia, Barrow County. Personally appeared before the undersigned attesting officer duly authorized to administer oaths, KENNETH HUDGINS, the Publisher of The Winder News, which is the official organ of Barrow County, Georgia, who, after being duly sworn, deposes and says that there has been deposited with said newspaper the cost of publishing therein once a week for three consecutive weeks the attached legal notice and that said notice as attached was published on January 25th, February 1st and 8th, 1978. This 16th day of February, 1978. THE WINDER NEWS /s/ Kenneth Hudgins Publisher Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Linda Sims Notary Public, State of Georgia. My Commission Expires July 21, 1978. (Seal). Approved March 24, 1978.

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CITY OF CHAMBLEEPENALTIES FOR VIOLATING ORDINANCES. No. 1152 (House Bill No. 1998). AN ACT To amend the charter of the City of Chamblee, approved March 28, 1935 (Ga. Laws 1935, p. 976), as amended, so as to increase the fine and imprisonment and change the penalties; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending the charter of the City of Chamblee, approved March 28, 1935 (Ga. Laws 1935, p. 976), as amended, is hereby amended by striking from Section 20 the following: one hundred ($100.00) dollars, and inserting in lieu thereof the following: five hundred ($500.00) dollars, and by striking from Section 20 the following: thirty (30) days, and inserting in lieu thereof the following: ninety (90) days, so that when so amended, Section 20 shall read as follows: Section 20. Said municipality shall have authority to enforce any and all ordinances by fine or imprisonment, or both. Imprisonment may consist of confinement in jail, or it may consist of work and labor on the public works of the municipality. No fine shall exceed five hundred ($500.00) dollars and actual costs for each offense. Imprisonment shall not exceed ninety (90) days for each conviction of an offense. Both fine and imprisonment may be inflicted

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in the discretion of the presiding officer. Separate fines and/or penalties may be inflicted for each violation, and in such case each fine or penalty may be enforced without reference to the fine or penalty imposed in other violations by the same person. Sentences may run concurrently or consecutively, in the discretion of the presiding officer. Fines and sentences may be suspended in whole or in part by the presiding officer in his discretion. Fines may be enforced by execution, levy and sale. 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 Enact Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia a bill to amend the charter of The City of Chamblee so as to change the sentences imposed by the Municipality to enforce any and all ordinances to increase the amount of fines as well as the time of imprisonment and for other purposes. Dated this 23rd day of January, 1978. /s/ George J. Chenggis City attorney City of Chamblee /s/ W. B. Malone Mayor City of Chamlee Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe Burton who, on oath, deposes and says that he/she is Representative from the 47th District, and that the attached copy of Notice of Intention to Introduce Local

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Legislation was published in the Decatur-DeKalb News Legal Review which is the official organ of DeKalb County, on the following dates: January 26, 1978, February 2, 1978 and February 9, 1978. /s/ Joe Burton Representative, 47th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF LAVONIAELECTIONS. No. 1153 (House Bill No. 1999). AN ACT To amend an Act granting a new charter to the City of Lavonia, approved June 4, 1964 (Ga. Laws 1964, Ex. Sess., p. 2008), so as to provide for post positions; to provide for the election of the members of the council by a citywide vote; to correct the date of the election; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act granting a new charter to the City of Lavonia, approved June 4, 1964 (Ga. Laws 1964, Ex. Sess., p. 2008), is hereby amended by striking Section 22 in its entirety and inserting in lieu thereof a new Section 22, to read as follows: Section 22. On the first Wednesday in December, 1978, and on the same date every two years thereafter, there shall be an election for the offices of councilmen from posts 1 and 2. On the first

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Wednesday in December, 1979, and on said date every two years thereafter, there shall be an election for the office of mayor and for the offices of councilmen from posts 3 and 4. The terms of office of the members of the council shall begin at the day and hour of taking the oath of office as provided in Section 25 of this charter. The mayor and each councilman shall serve for terms of office of two years and until their respective successors are elected and qualified. The mayor and councilmen shall be elected by a majority of the votes cast for each position. The mayor and council may 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 Lavonia. 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, p. 885), as now or hereafter amended. Section 2. Said Act is further amended by striking Section 46 in its entirety and inserting in lieu thereof a new Section 46, to read as follows: Section 46. Election for mayor and council. On the first Wednesday in December of each year, there shall be held in the City of Lavonia at some public place designated by the mayor and councilmen, a general election to fill vacancies in the offices of mayor and councilmen, whose terms of office shall expire with the end of that calendar year. At all such elections the polls shall not be opened earlier than seven o'clock a.m. and shall close at seven o'clock p.m. 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. Georgia, Franklin County. Notice is hereby given that there will be introduced at the Regular 1978 Session of the General Assembly of Georgia, a bill to authorize the election of members of the City Council of Lavonia by Numbered Posts on an at large basis and other matters related thereto. This 2nd day of January, 1978. /s/ Herman P. Ayers Mayor /s/ John Bailey /s/ Merrill Brown J. D. Hicks David Whitworth (Members of Council) Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Louie M. Clark who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Louie M. Clark Representative, 13th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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CRAWFORD COUNTYSMALL CLAIMS COURT, JURISDICTION, ETC. No. 1154 (House Bill No. 2000). AN ACT To amend an Act creating a Small Claims Court for Crawford County, approved April 3, 1972 (Ga. Laws 1972, p. 3423), as amended, so as to change the provisions relating to the jurisdiction of said court; to change the provisions relating to court costs; to change the provisions relating to bailiffs; to change the provisions relating to fees; to provide a certain fee for the issuance of each fi. fa.; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Small Claims Court for Crawford County, approved April 3, 1972 (Ga. Laws 1972, p. 3423), as amended, is hereby amended by striking from Section 1 the following: $750.00, and inserting in lieu thereof the following: $1,500.00, so that when so amended, Section 1 shall read as follows: Section 1. There is hereby created and established a Small Claims Court in and for Crawford County. Said court shall have civil jurisdiction in cases ex contractu in which the demand or value of the property involved does not exceed $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.

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Section 2. Said Act is further amended by striking subsection (d) of Section 6 in its entirety and inserting in lieu thereof a new subsection (d) to read as follows: (d) When served as provided, the actual cost of service shall be taxable as costs but shall not exceed $7.50. The Judge of said Small Claims Court shall be entitled to a fee of $2.00 for the issuance of each fi. fa. 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. Section 3. Said Act is further amended by striking from Section 8, wherever the same appears, the following: $9.50, and inserting in lieu thereof the following: $12.50, so that when so amended, Section 8 shall read as follows: Section 8. (a) The plaintiff, when he files his claim, shall deposit the sum of $12.50 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 $12.50. 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 $12.50 for every such claim case. The same rules of practice and procedure shall apply as in cases of

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affidavits of illegality. All attachment proceedings shall be tried by the judge and without a jury. Section 4. Said Act is further amended by striking Section 14 in its entirety and inserting in lieu thereof a new Section 14 to read as follows: Section 14. The governing authority of Crawford County 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. If the bailiffs are appointed by the governing authority, they shall be compensated as provided by the governing authority from county funds. The bailiffs shall not be entitled to any fees as provided for bailiffs in this Act, but such fees shall be collected by the bailiffs and paid into the county treasury. If the governing authority fails to appoint one or more bailiffs as provided above, the judge of said Small Claims Court shall have the power to appoint one or more bailiffs to serve at the pleasure of the judge and under his direction. Any bailiffs appointed by the judge shall be compensated solely from fees as provided for bailiffs in this Act. Section 5. Said Act is further amended by striking Section 24 in its entirety and inserting in lieu thereof a new Section 24 to read as follows:

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Section 24. The fees of the bailiff or sheriff for the execution of a fi. fa. shall be $15.00, 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 $15.00. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a Small Claims Court for Crawford County, approved April 3, 1972, (Ga. Laws 1972, p. 3423), as amended; and for other purposes. This 30th day of January, 1978. /s/ 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/she is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Georgia Post which is the official organ of Crawford County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Bryant Culpepper Representative, 98th District

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Sworn to and subscribed before me, this 7th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. GRADY COUNTYSMALL CLAIMS COURT. No. 1155 (House Bill No. 2004). AN ACT To create and establish a Small Claims Court of Grady 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 for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for 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 Grady 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

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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 Grady County to be judge of said 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 Grady County or any judge of a State Court located in said county, on application of any party or the said judge of the Small Claims Court who is unable to act, shall perform such duties, and hear and determine all such matters as may be submitted to him, and shall be substituted in all respects in the place and stead, and in the matter aforesaid, of the judge unable to act. 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. (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 any action. (b) A copy of the verified statement, together with a notice of hearing in the form hereinafter prescribed, shall be served on the defendant, and such service shall be sufficient to give the court jurisdiction

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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 the judge of said court; or by registered or certified mail with 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. (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 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 made, or if the registered or certified mail is returned to the sender by the United States postal authorities marked unclaimed, 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 above 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 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. (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; when the amount is unliquidated, plaintiff shall be required to present proof of his claim.

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(g) 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 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 $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 and 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 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 administration fee in an amount not to exceed ten percent of the sum collected for the plaintiff. Section 10. 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 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

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both parties fail to appear, the judge may continue the case, or order the same dismissed for want of prosecution or make any other just and proper disposition thereof as justice may require. Section 11. If any defendant has any claim against the plaintiff, the judge may require a statement of setoff to be filed or same may be waived. If the plaintiff requires time to prepare his defense against such claim, the judge may continue the case for such purpose. If any defendant has any claim against the plaintiff which exceeds the jurisdiction of the court, he may use a part hereof to offset the claim of the plaintiff. Section 12. Whenever a claim affidavit and bond is filed by a third party claiming personal property that has been attached and 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. The judge shall be entitled to $11.50 for every such claim case. The same rules of 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 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 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 14. The judge of the Superior Court presiding in Grady 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.

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Section 15. The judge of said 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. A 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 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. Said bailiffs shall also have the power 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 prescribed in Code Section 24-804 and give the bond prescribed in Code Section 24-811. Such bailiffs shall be subject to removal 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 persons chosen from twelve veniremen, the plaintiff and defendant having three strikes each. Section 18. The judge of the Small Claims Court shall have power to impose fines of not more than $10.00 or imprison for not longer than 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 the 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 of Grady County of an execution based upon such judgment and the entry thereof by the clerk in the general execution docket for said county.

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Section 20. Appeals may be had from judgments returned in the Small Claims Court to the superior court and the same provisions now provided for by law for appeals from probate courts to the superior court shall be applicable to appeals from the Small Claims Court to the superior court. Section 21. Until otherwise provided by rules of court, the statement of claim, 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 of Grady County

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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 such court, and they may provide such additional personnel as in their judgment the court may from time to time require. Section 23. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 24. All laws and parts of laws in conflict with this Act are hereby repealed. Legal Notice. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to create the Small Claims Court of Grady County, and for other purposes. This 27 day of December, 1977. /s/ Bobby Long Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Bobby Long who, on oath, deposes

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and says that he/she is Representative from the 142 District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Cairo Messenger which is the official organ of Grady County, on the following dates: December 30, 1977, January 6 and January 13, 1978. /s/ Bobby Long Representative, 142 District Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF JEFFERSON MAYOR. No. 1156 (House Bill No. 2005). AN ACT To amend an Act creating a new charter for the City of Jefferson, approved April 17, 1973 (Ga. Laws 1973, p. 2887), as amended, so as to provide that the mayor shall be eligible to succeed himself in office; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Jefferson, approved April 17, 1973 (Ga. Laws 1973, p. 2887), as amended, is hereby amended by striking the third sentence in the last paragraph of Section 2.03, which reads as follows:

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Said Mayor shall be eligible for a second successive term but ineligible again thereafter until one term of office has intervened., in its entirety, so that the last paragraph of Section 2.03, when so amended, shall read as follows: On the first Monday in December, 1973, and every two years thereafter the qualified voters of the first and third wards, respectively, shall elect an alderman from each ward who shall serve for two years, and until their successors are elected and qualified, and there shall be elected by the qualified voters of said city an alderman-at-large who shall serve two years and until his successors are elected and qualified. On the first Monday in December, 1974, and every two years thereafter a Mayor shall be elected by the qualified voters by the said City to serve two years and until his successor is elected and qualified. On the first Monday in December, 1974, and on said date every two years thereafter, there shall be elected by the qualified voters by the second and fourth wards an alderman who resides in said ward from each respectively. The candidate receiving a majority of the votes cast for mayor shall be declared elected, and the candidate for each aldermanic position receiving a majority of the votes cast shall be declared as alderman for that ward for which he qualified. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act incorporating the City of Jefferson in the County of Jackson, approved December 12, 1899 (Ga. Laws 1899, p. 214), as amended, so as to delete the provisions relating to succession by the mayor; and for other purposes.

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This 20 day of January, 1978. /s/ Lauren McDonald Jr. Representative, 12th District. Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr. who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following dates: January 25, February 1, and February 8, 1978. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Amelia Smith Notary Public, Georgia, State at Large. My Commission Expires Oct. 7, 1980. (Seal). Approved March 24, 1978. TOWN OF SHARPSBURGNEW CHARTER. No. 1157 (House Bill No. 2006). AN ACT To provide a new charter for the Town of Sharpsburg in the County of Coweta; to provide for the incorporation and powers of said town; to provide for the government of said town; 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 the town; to provide for general provisions; to provide for other matters relative thereto; to provide for specific repeal; to provide for

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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, CORPORATE LIMITS, AND CORPORATE POWERS Section 1.10. Incorporation. This Act shall constitute the whole charter of the Town of Sharpsburg, repealing and replacing the charter provided by an Act of the General Assembly, approved August 4, 1913 (Ga. Laws 1913, p. 1153), as amended. The Town of Sharpsburg, in the County of Coweta, and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the Town of Sharpsburg (herein at times referred to as town) and by that name shall have perpetual succession; may sue and be sued, and plead and be impleaded in all courts of law and equity, and in all actions whatsoever; may contract and be contracted with; may acquire and hold such property, real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have and use a common seal and change it at pleasure. Section 1.11. Corporate Limits. (a) The corporate limits of the Town of Sharpsburg shall be those existing on January 1, 1978, which limits are set forth in Georgia Laws 1964, pp. 2200-2201, and are more particularly described as follows: NORTHERN HALF Using the center of a public well, which is located at the junction of Depot Street and Turrentine Road, as the point of beginning, and extending there through an east-west line for a distance of one-half mile to the east of said well, and one-half mile to the west of said well; the northern half of said city limits shall embrace all that territory included within a semicircle with a radius of one-half mile; using said east-west line as the base of said semicircle.

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SOUTHERN HALF Using said well as a point of beginning and extending an eastwest line there through for a distance of 1,605 feet to the east and 1,605 feet to the west; the southern half of said city limits shall embrace all that territory incorporated within a semicircle with a radius of 1,605 feet; using said east-west line as the bases of said semicircle. (b) The town council may provide for changes by ordinance to reflect lawful changes in the corporate boundaries. Section 1.12. Specific Powers. The government of the Town of Sharpsburg shall have power: (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 occupation taxes on privileges, persons, firms, corporations, businesses, occupations, trades and professions; to license and regulate such privileges, persons, firms, corporations, businesses, occupations, trades and professions; and to provide for the manner 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 corporate 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 mayor and council, under Section 36-202 of the Code of Georgia, 1933, or under other applicable public Acts as are or may be enacted; (8) To acquire, lease, construct, operate, maintain, sell and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (9) To grant franchises or make contracts for public utilities and public services, not to exceed periods of twenty years; to prescribe the rates, fares, regulations and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission; (10) To lay out, open, extend, widen, narrow, establish or change the grade of, abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of and light streets, roads, alleys and walkways within the corporate limits of the town; (11) To grant franchises and rights-of-way through the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, recreational, conservation, sport,

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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 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 vice, obscenity, immorality, vagrancy, drunkenness, riots, disturbances, taverns, and public houses, disorderly houses, bawdyhouses, gambling and gambling houses, billiard tables, pool tables or other tables of like kind, lewd exhibitions, disorderly conduct, the carrying of concealed weapons and breaches of the peace; (16) To regulate or prohibit junk dealers, pawnshops; the manufacture, sale or transportation of intoxicating liquors, the use and sale of firearms; the use and sale of firecrackers, fireworks 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 and shows of any kind whatever, by taxation or otherwise; (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 rights-of-way of streets and roads within the corporate limits of the Town of Sharpsburg 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 of Sharpsburg; (22) To fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof; (23) To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) To provide for the collection and disposal of garbage, rubbish and refuse and to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper and other recyclable materials and to provide for the sale of such items; (25) To levy, fix, assess, and collect a garbage, refuse and trash collection and disposal and other sanitary service charge for such services as may be necessary in the operation of the town from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such service charges; 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 sewage system, and to levy on the users of sewers and the sewage system a sewer service charge,

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fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charge 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 of Sharpsburg and to provide for the enforcement of such standards; (29) To define a nuisance and provide for its abatement; (30) To provide for the preservation and protection of property and equipment of the town and the administration and use by same by the public, and to prescribe penalties and punishment for violations thereof; (31) To establish minimum standards, for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the Town of Sharpsburg and to provide for the enforcement of such standards; (32) To provide that persons given jail sentences in the mayor's court shall work out such sentence in any public works or on the streets, roads, drains and squares in the town; or to provide for commitment of such person to any county work camp or jail by agreement with the appropriate county officials; (33) To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, 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 such other conduct and activities within said town which, while not constituting an offense against the laws of this State, nevertheless are deemed by the mayor or council to be detrimental and offensive to the peace, good order and dignity of the Town of Sharpsburg or to the welfare of the citizens thereof;

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(34) To regulate and license, or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift, or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the town; (36) To regulate and license vehicles operated for hire in the Town of Sharpsburg; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) To provide and maintain a system of pensions and retirement for officers and employees of the town; (38) To levy and provide for the collection of special assessments to cover the costs for public improvements; (39) To enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) To create, alter or abolish departments, boards, offices, commissions and agencies of the town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to same; (41) To make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary for the security, welfare, convenience and interest of the town and the inhabitants thereof, and for preserving the health, morals, peace, order and good government of the Town of Sharpsburg; (42) To establish procedures for determining and proclaiming that an emergency situation exists within or without the town, and

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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 of Sharpsburg; (43) 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; (44) To exercise the power of arrest through duly appointed policemen; (45) To establish a municipal court to have jurisdiction and authority to try offenses against the laws and ordinances of said town and State and to punish and fine individuals in violation of the same; (46) 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; (47) To provide penalties for violations of any ordinance adopted pursuant to the authority of this Charter and the laws of the State of Georgia; (48) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the Town of Sharpsburg 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

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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 of Sharpsburg shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia, as fully and completely as though such powers were specifically enumerated herein; and any and all powers which the Town of Sharpsburg was heretofore authorized to exercise upon the effective date of this Charter. Section 1.14. Construction. The powers of the Town of Sharpsburg 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 of Sharpsburg and all 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. Section 1.16. Ordinances. All ordinances, bylaws, rules and regulations now in force in the town not inconsistent with this Charter are hereby declared valid and of full effect and force until amended or repealed by the governing authority.

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ARTICLE II CITY COUNCIL Section 2.10. Creation and Composition: Number. The legislative authority of the government of the Town of Sharpsburg, except as otherwise specifically provided in this Charter, shall be vested in a mayor and four town councilpersons, who together shall be known as the town council. The mayor and councilpersons shall be elected in the manner provided by Article V of this Charter. Section 2.11. Terms and Qualifications of Office. The mayor and members of the town 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 councilperson unless he shall have attained the age of twenty-one (21) years at the beginning of his term of office and unless he shall have been a resident of the town 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 Town of Sharpsburg. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) Vacancies The office of mayor or councilperson 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 councilperson shall forfeit his office if he: (1) lacks at any time during his term of office any qualifications of the office as prescribed by this Charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this Charter; or (3) is convicted of a crime involving moral turpitude. (c) Filling of Vacancies A vacancy in the office of mayor or councilperson 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 councilpersons shall receive as compensation for their services an amount fixed by ordinance; provided, however, no ordinance increasing

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such compensation shall become effective until the date of the commencement of the terms of the mayor or councilpersons elected at the next regular election. The mayor and councilpersons shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.14. General Powers of the Mayor and Council. (a) Except as otherwise provided by law or this Charter, all the powers of the Town of Sharpsburg shall be vested in the town council. (b) In the exercise of its powers, the town council shall adopt and provide for the execution of such ordinances, resolutions, rules and regulations, not inconsistent with this charter or the laws of the State of Georgia as may be necessary, expedient or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, morals, prosperity and well-being of the inhabitants of the Town of Sharpsburg and may enforce such ordinances by imposing penalties for violations thereof. (c) The town council may by ordinance create, change, alter, abolish and consolidate offices, agencies, and departments, and may assign additional functions to any of the offices, agencies, departments, boards or commissions created by or pursuant to this Charter. Section 2.15. Judge of Qualifications. The town council shall be the judge of the election and qualification of its members and shall determine the existence of any ground for forfeiture of office. For such purposes the town council is authorized to give notice and hold hearings, to subpoena witnesses, administer oaths and require the production of evidence. The mayor or any councilperson charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand. Where a public hearing is held to determine the grounds of forfeiture of office, notice of such hearing shall be published in the newspaper in which legal advertisements are published in Coweta County at least two (2) weeks in advance of the hearing. Decisions made by the town council under this Section shall be subject to review by the Superior Court of Coweta County upon writ of certiorari. Section 2.16. Inquiries and Investigations. The town council may make inquiries and investigations into the affairs of the Town

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of Sharpsburg and conduct of any department, board, commission, authority, office or agency created by act of said council or any officer or employee thereof and for this purpose may subpoena witnesses, documents, records or other evidence, subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any subpoena shall be issued by the clerk of the town council upon its application. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the town council shall be guilty of contempt and fined not more than twenty-five dollars ($25.00) or imprisoned not more than five (5) days in jail or both in the discretion of the town council. Section 2.17. Independent Audit. The town council may provide for an independent annual audit of all accounts of the Town of Sharpsburg and may provide for much more frequent audits as it deems necessary. Such audits shall be made by a certified public accountant or firm of such accountants, licensed by the State of Georgia. Neither the accountant nor the firm or any member thereof shall have any interest, direct or indirect, in the fiscal affairs of the town government or any of its officers. The town council may, without requiring competitive bids, designate such accountant or firm annually or for a period not exceeding three years; provided, however, that such designation shall be made no later than thirty (30) days after the beginning of a fiscal year. Section 2.20. Powers and Duties of Mayor. The mayor shall be the official spokesman for the town and the chief advocate of policy. He shall preside at meetings of the town council and may vote on any question. He shall sign ordinances and resolutions on their final passage; shall sign deeds, bonds, contracts, and other documents or instruments when authorized by the council to do so. He shall have the power to declare emergencies in the event of civil or other disorder which might prove detrimental to the welfare of the inhabitants of the Town of Sharpsburg. The mayor shall be recognized as the official head of the town by the courts for the purpose of serving civil process and by the public for all ceremonial purposes. He shall have power to administer oaths and he shall perform such other duties imposed by this Charter or by ordinance not inconsistent therewith. Section 2.21. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or

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disability for any reason, any member of the town council chosen from its membership 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. Organizational Meeting. The town council shall meet for organization on the first Monday in January following the municipal 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 well and truly perform the duties (of Mayor or Councilperson as the case may be) of the Town of Sharpsburg to the best of my skill and ability, and as to me shall seem to the best interest and welfare of said town, without fear, favor or affection, so help me God. 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 town council were elected or until his successor is elected and qualified. Section 2.31. Regular and Special Meetings. (a) The town council shall hold regular meetings at such times and places as prescribed by rule. The town 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 town council may be held on call of the mayor and shall be held when requested in writing by at least two of the members of the town council and, except in case of emergency, upon no less than twenty-four hours' notice to each member. Notice of such special meetings shall be served on all other members personally, or by telephone personally, or shall be left at their residence. Notice of any special meeting may be waived in writing and attendance at the meeting shall be a waiver of notice of any special meeting. (c) All meetings of the town council shall be public; provided, however, they may recess for the purpose of discussion in a closed

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session limited to their own members, any matter which would tend to defame or prejudice the character or reputation of any person. Section 2.32. Rules of Procedure. The town council shall adopt its rules of procedure and order of business consistent with the provisions of this Charter and shall provide for keeping a journal of its proceedings which shall be a public record. Section 2.33. Quorum; Voting. Three (3) councilpersons or the mayor and two (2) councilpersons 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 yeas 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 three councilpersons or the mayor and two councilpersons shall be required for the adoption of an ordinance, resolution or motion except as otherwise provided in this Charter. Section 2.40. Action Requiring an Ordinance or Resolution. (a) Except as herein provided, every official action of the town 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 more than one subject, and the subject shall be clearly expressed in its title. The enacting clause shall be The mayor and the council of the Town of Sharpsburg hereby ordain.... An ordinance or resolution may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances and resolutions shall be considered adopted or rejected by the council in accordance with the rules which it shall establish. 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. Upon introduction of any ordinance, the clerk shall distribute a copy to the mayor, to each councilman and shall file a reasonable number of copies in the office of the clerk and at such other public places as the city council may designate. Section 2.41. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the town

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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 designed 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) councilpersons 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 2.42. 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 2.40 (b) for distribution and filing of copies of the ordinance shall be construed to include copies of the 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 2.43. (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 2.43. Signing, Authenticating, and Recording; Codification; Printing. (a) Every ordinance and resolution shall be signed by the mayor after adoption. The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose, all ordinances and resolutions adopted by the town council.

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(b) The town council may provide for the preparation of a general codification of all of the ordinances and resolutions 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 in loose-leaf form, 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 town council may specify. This compilation shall be known and cited officially as The Code of the Town of Sharpsburg, Georgia. Copies of the code may 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 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 council. Following publication of the first Code of the Town of Sharpsburg 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 the codes of technical regulations and other rules and regulations included in the code. ARTICLE III ORGANIZATION AND PERSONNEL Section 3.10. Administrative Departments: Creation. The government of Sharpsburg shall continue as presently organized, unless and until otherwise provided by ordinance. The mayor and 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 mayor and council shall prescribe the functions and duties of existing or future departments, offices and agencies; 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.

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Section 3.11. Administrative Duties of Mayor. The mayor shall be executive head of the town government, responsible for the efficient and orderly administration of the town's affairs. As the chief executive of the town government, the mayor shall: (a) See that all laws of this State, provisions of this Charter, rules and regulations, ordinances and franchises in the town are faithfully executed; (b) Except as otherwise provided herein, nominate and with the advice and consent of the council appoint, suspend, and remove all officers, department heads and employees in the administrative service of the city; (c) Supervise the administration of the affairs of the Town of Sharpsburg; (d) Submit to the council at least once each year a statement of finances and general conditions of the affairs of the Town of Sharpsburg and from time to time such other information as the council may request; (e) Recommend to the council such measures connected with the affairs of the Town of Sharpsburg, the protection and improvement of its government and finances, and promotion of the welfare of its citizens as he shall deem desirable; (f) Call special meetings of the council as provided for in Article II, Section 2.31 of this Charter; (g) Examine and inspect all books, records and official papers of any department or agency of the town as he deems necessary; (h) Submit to the council a recommended annual operating budget and capital improvement budget as provided for in Article IV of this Charter; (i) Require any officer, department or agency of the town to submit written reports and information in connection with the business and affairs thereof, as he shall deem necessary; (j) Keep the council advised on the financial conditions and the future needs of the town;

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(k) Conduct inquiries and investigations into the conduct of the affairs of any department or agency which he shall deem necessary; (l) Perform such other executive and administrative responsibilities as may be required by law, this Charter, or by ordinance of the council. Section 3.12. Town Attorney. The mayor and council shall appoint a town attorney who shall be responsible for representing and defending the city in all litigation in which the town is a party. The town attorney shall serve at the pleasure of the mayor and council and shall receive such compensation as it shall determine. The town attorney shall advise the mayor and council and other officials of the town with respect to its affairs; draw all legal documents relating to the affairs of the town; draw proposed ordinances when requested by the mayor and council; inspect and pass on all agreements, contracts, franchises, and other instruments with which the town may be concerned; attend all meetings of the council when requested by the council, and perform such other duties as may be required of him by the mayor and council. Section 3.13. Town Clerk. Mayor and council shall appoint a town clerk. The town clerk shall be responsible for keeping and preserving the town seal and all records of the council. He shall attend meetings of the council and keep a journal of its proceedings at such meetings. He shall maintain and keep 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 the mayor and council. The salary of the clerk and his term of office shall be as prescribed by the mayor and council. The council may require the clerk, before entering upon discharge of his duties, to give good and sufficient bond in the amount to be decided by the council, but not less than $1,000.00, said bond payable to the Town of Sharpsburg, for the faithful performance of his 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 town. The clerk shall be entitled to receive his actual and necessary expenses incurred in the performance of his duties of office.

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Section 3.14. Personnel Policies. The mayor and council may adopt rules and regulations consistent with this Charter concerning: (1) The methods of employees selection and probationary periods of employment; (2) The administration of a position classification and pay plan; (3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay, retirement and the manner in which layoffs shall be effective; (4) Such other personnel policies, rules and regulations as they deem necessary for the adequate and systematic handling of personnel affairs of the Town of Sharpsburg. Section 3.15. Political Activities Prohibited. No officer or employee of the Town of Sharpsburg except the mayor and council-persons shall continue in the employment of the town after becoming a candidate for nomination or election to any town or other public elective office. Section 3.16. Personal Financial Interest. Any town officer or employee who has a financial interest, direct or indirect, or by reason of ownership of stock in any corporation, in any contract with the town or in the sale of any land, material, supplies or services to the town or to a contractor supplying the town shall make known that interest and shall refrain from voting upon or otherwise participating in his capacity as a town officer or employee in the making of such sale or in the making or performance of such contract. Any town officer or employee who wilfully conceals such financial interest or wilfully violates the requirements of this Section shall be upon conviction guilty of malfeasance in office or position and shall forfeit his office or position. Violation of this Section with the knowledge, expressed or implied, of the person or corporation, contracting with or making a sale to the town shall render the contract or sale voidable by the mayor and council.

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ARTICLE IV FINANCE AND FISCAL Section 4.10. Property Taxes. (a) All property subject to taxation for State or county purposes shall be subject to any property tax levied by the Town of Sharpsburg. The town council by ordinance may elect to use the county assessment for the year in which the town taxes are to be levied, or may provide for an independent town evaluation or assessment as provided by the laws of the State of Georgia. (b) In the event an independent town assessment is made, a board of tax equalization consisting of three freeholders of the town shall be appointed by the town council for such terms and compensation as shall be fixed by ordinance. Said board of tax equalization shall hear appeals of taxpayers taken within thirty (30) days after the town clerk has sent a notice by ordinary mail, of a new or increased assessment. The town council shall prescribe by ordinance the time and manner of filing such appeals and the payment of cost by appellant, the duties and powers of the board of tax equalization, and the rules and regulations under which said board shall carry out its responsibilities. (c) The board of tax equalization shall have authority to issue subpoenas, administer oaths, and compel the production of records and documents to the same extent as that authority is now vested in the Superior Court of Coweta County and the authority hereby conferred shall be enforced as similar authority is enforced by said court. (d) Either the mayor or any councilperson or a taxpayer shall have the right to appeal from any judgment rendered by the board of tax equalization to the Superior Court of Coweta County, which said appeal shall be filed in the Superior Court within ten (10) days after the rendition of the judgment of the board of tax equalization, and shall be in the same form and governed by the same rules as govern appeals to the Superior Court from the Probate Court. (e) Except as otherwise provided by this Charter, the town council shall have the power and authority to prescribe by ordinance the manner and procedure in which ad valorem taxes on real and personal property within the corporate limits of Sharpsburg shall be listed, assessed, and collected.

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Section 4.11. Tax Levy. The town council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the town, expressed as a fixed millage rate per $100 but not to exceed fifteen (15) mills upon the assessed value of said property for ordinary current expenses and for any other purpose now or hereafter authorized by the Constitution and laws of the State of Georgia; provided, however, such tax levy shall be exclusive of a levy by the town council for the payment of principal and interest on bonded indebtedness. Section 4.12. Tax Due Dates and Tax Bills. The town 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. The town council 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 payment of taxes prior to the time when due. The terms and methods of payment and collection of town taxes shall be in such manner as the council may determine by ordinance. Section 4.13. Collection of Delinquent Taxes. The town 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 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 shall be superior to all other liens except that it shall have equal dignity with those of the Federal, State or county taxes. Section 4.14. Special Assessments. The town 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 (10%) and shall thereafter be subject to interest at the rate of seven percent (7%) per annum from date due until paid. A lien shall exist against the abutting property superior to all other

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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 in this article for town property taxes. Section 4.15. Transfer of Executions. The town clerk of the Town of Sharpsburg 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 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 provided by law from time to time. Section 4.20. General Obligation 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 issues by municipalities in effect at the time said issue is undertaken. Section 4.21. Revenue Bonds. Revenue bonds may be issued by the town council as now or hereafter provided by the laws of the State of Georgia. Section 4.22. Short-term Notes. Pursuant to applicable State law, the town may obtain temporary loans between January 1 and December 31 of each year, or as is otherwise provided by present or future State law. Section 4.30. Fiscal Year. The fiscal year of the city government shall begin on the first day of January of each year and shall end on the thirty-first day of December next following. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department or institution,

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agency and activity of the government, unless otherwise provided by State or federal law. Section 4.31. Preparation of Budgets. The town council shall provide by ordinance the procedures and requirements for the preparation and execution of an annual operating and a capital improvements budget including requirements as to the scope, content and form of such budgets. Section 4.32. Submission of Budget to Town Council. On or before a date fixed by the mayor and council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed budget for the ensuing fiscal year when requested by the council. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget and such other comments and information as he may deem pertinent. The operating budget and the capital improvements budget hereinafter provided for, the budget message, and all supporting documents shall be filed in the office of the town clerk and shall be open to public inspection. Section 4.33. Action by Town Council on Budget. (a) The town council may amend any operating budget proposed by the mayor, except, that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this Charter and for all debt service requirements for the ensuing fiscal year 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 town council shall adopt any final operating budget for the ensuing fiscal year not later than the thirty-first day of January of each year. If the council fails to adopt said budget by this date, the amounts appropriated for current 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 town 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

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making appropriations according to fund and by organizational unit, purpose or activity as set out in the budget document. (c) The amount set out in the adopted operating budget for each organizational unit, purpose of activity shall constitute the annual appropriation for such item, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriation, or allotment thereof, to which it is chargeable. Section 4.34. Property Tax Levies. As the next order of business following adoption of an operating budget, the town council shall levy by ordinance an annual tax on all real and personal property within the Town of Sharpsburg. The tax rate set by such ordinance shall be such that reasonable estimate of revenues from such levy shall at least be sufficient, together with other anticipated revenues, fund balances, and applicable reserves, to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the Town of Sharpsburg. Section 4.35. Additional Appropriations. The town council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriation may be made only from an existing unappropriated surplus in the fund to which it applies. Section 4.36. 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 4.37. Capital Improvements Budget. (a) On or before the date fixed by town council but not later than thirty (30) days prior to the beginning of each fiscal year when requested by the council, the mayor shall submit to the town council a proposed capital improvements budget with his recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The town council shall have power to accept with or without amendments or reject the proposed program and proposed means of

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financing. The town council shall not authorize an expenditure for the construction of any building, structure, work or improvement, unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the inhabitants, when such a budget has been passed by two-thirds vote of the membership of the council. (b) The town council shall adopt any final capital improvements budget for the ensuing fiscal year not later than the thirty-first day of January of each year. No appropriation provided for in the capital improvements budget shall elapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided the mayor 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 two-thirds vote of the town council. Section 4.40. Contracting Procedures. All contracts shall be made or authorized by the town council, and no contract shall bind the town 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 town attorney or shall be submitted to him before authorization by the town council. Section 4.41. Centralized Purchasing. The town council may by ordinance prescribe procedures for a system of centralized purchasing for the Town of Sharpsburg. Section 4.42. Sale and Disposition of Town Property. (a) The town council may sell and convey any real or personal property owned or held by the Town of Sharpsburg for governmental or other purposes, at a public or private sale, with or without advertisement for such consideration as it shall deem equitable and just for the town. (b) The town 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 town has no readily ascertainable monetary value.

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(c) Whenever in opening, extending or widening any street, avenue, alley or public place of the town, a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the town, the town council may authorize the mayor to execute and deliver in the name of the town a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE V ELECTION AND REMOVAL OF OFFICERS Section 5.10. Regular Elections; Time for Holding. On the first Saturday in December, 1978, and on said date every four years thereafter, there shall be an election for the office of mayor. On the same day and month in 1978, four councilpersons shall be elected to serve four years and on said date every four years thereafter there shall be an election for four councilpersons. The terms of office of members of the town council shall begin at the day and hour of taking of oath of office as provided in Article II, Section 2.30 of this Charter. Section 5.11. Qualifying; Nomination of Candidates; Absentee Ballots. The town council may, by ordinance, prescribe rules and regulations governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, conduct of contest elections and such other rules and regulations as may be necessary for the conduct of elections in the Town of Sharpsburg. Section 5.12. Limitation Terms of Service. There shall be no limit on terms of service of either the mayor or councilpersons. Section 5.20. Applicability of General Laws. Except as otherwise provided by this Charter, or by ordinance of the town council, the election of all officials of the Town of Sharpsburg, where provision is made for election by the qualified voters thereof, shall be conducted as to primary, special or general elections in conformity

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so far as applicable with the provisions of the Georgia Municipal Election Code and Title 34A of the Code of Georgia of 1933 as now or hereafter amended. Section 5.21. Special Elections; Vacancies. In the event that the office of mayor or of councilperson shall become vacant for any cause whatsoever, the town council or those remaining shall order a special election to fill the balance of the unexpired term of such office to be held not less than fifteen (15) nor more than forty-five (45) days from the time such vacancy occurs; provided, however, if such vacancy occurs within twelve months of the expiration of the term of office of the mayor or councilperson, said vacancy in office shall be filled by the remaining members of the town 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. The mayor or any councilperson 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:

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(a) By action of two-thirds vote of the entire membership of the town council. 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 grounds 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 town council to the Superior Court of Coweta County. Such appeal shall be governed by the same rules as govern appeals to the Superior Court from the Probate Court. (b) By any information filed in the Superior Court of Coweta County as provided by law. ARTICLE VI JUDICIAL BRANCH Section 6.10. Municipal Court; Creation. The town council may by ordinance establish a court to be known as the Municipal Court of the Town of Sharpsburg, Georgia, which shall have jurisdiction and authority to try offenses against the laws and ordinances of said town 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 judgment by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the town constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or policy 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 6.11. 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.

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(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 6.12. 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 6.13. Jurisdiction; Powers. (a) The Municipal Court shall try and punish for crimes against the Town of Sharpsburg 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 ($500.00) 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 ($500.00) or imprisonment for thirty (30) days or both, and as 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 (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

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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 Sharpsburg 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. 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. (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 Town of Sharpsburg 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 6.14. Appeal. The right of appeal and any bond as may be required to secure the costs of appeal to the Superior Court of Coweta 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.

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Section 6.15. 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 town 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. ARTICLE VII MISCELLANEOUS PROVISIONS Section 7.10. Restrictions on Actions for Damages Against the Town. No action shall be maintained against the town 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 six (6) months after such cause of action shall have accrued; except that when the claimant is an infant or non compos mentis, or when an injured person dies within six (6) months, the time limit for filing a claim shall be twelve (12) months. No officer or employee of the town may waive this requirement. Section 7.11. Official Bonds. The officers and employees of the Town of Sharpsburg, 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 7.12. Existing Ordinances and Regulations. Existing ordinances and resolutions of the Town of Sharpsburg not inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended by the town council. Existing rules and regulations of departments or agencies of the Town of Sharpsburg inconsistent with the provisions of this Charter shall continue in effect until they have been repealed, modified or amended. Section 7.13. General Laws May be Used. The town council, in its discretion, may elect to use the provision of any general laws of the State in addition to or instead of the provisions of this Charter.

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Section 7.14. Section Captions. The captions to the several Sections of this Chapter are informative only and are not to be considered as a part thereof. Section 7.15. Penalties. The violation of any provision 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 ($500.00) or by imprisonment not to exceed thirty (30) days or both such fine and imprisonment. Section 7.16. Severability. If any Article, Section, subsection, paragraph, sentence or part thereof of this Charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this Charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this Charter that each Article, Section, subsection, paragraph, sentence or part thereof be enacted separately and independent of each other. Section 7.17. Specific Repealer. An Act incorporating the Town of Sharpsburg in the County of Coweta, approved August 4, 1913 (Ga. Laws 1913, p. 1153), is hereby repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety. Section 7.18. Gender. The use of the masculine nouns in this Charter are for uniformity only and in no way are to be interpreted as discrimination against the feminine sex. Section 7.19. Effective Date. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 7.20. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Introduce Legislation. Notice is hereby given that there will be introduced in the 1978 regular session of the General Assembly of Georgia, a bill to provide a new charter for the Town of Sharpsburg, Georgia. To provide for all matters relative thereto and for other purposes. /s/ Theo D. Mann Town Attorney 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/she 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: January 12, 19 and 26, 1978. /s/ Nathan G. Knight Representative, 67th District Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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CITY OF SKY VALLEYINCORPORATED. No. 1158 (House Bill No. 2008). AN ACT To incorporate the City of Sky Valley in the County of Rabun; to create a charter for said city; to provide for the name, powers and corporate limits of said city; to provide for the government of said city; to provide for the legislative branch; to provide for the executive branch; to provide for financial and fiscal matters; to provide for municipal services and regulatory functions; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION Section 1.10. Incorporation . This Act shall constitute the whole charter of the City of Sky Valley. The City of Sky Valley, Georgia, in the County of Rabun and the inhabitants thereof are hereby constituted and declared a body politic and corporate under the name and style of the City of Sky Valley, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be pleaded 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 Sky Valley 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 Sky Valley are and at all times shall be shown on a map now in existence and designated: Official Map of the Corporate Limits of the City of Sky Valley, Georgia, and which shall be retained permanently in the office of the city clerk. Alterations in these boundaries shall be indicated by appropriate entries upon or additions to such map. Such entries or additions shall be made by and under the direction of the mayor. Photographic, typed or other copies of such map certified by the mayor shall be admitted in

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evidence in all courts and shall have the same force and effect as with the original map. (b) The city council may provide for the redrawing of any such map. A redrawn map shall supersede for all purposes the earlier map or maps which it is designated to replace. Section 1.12. Specific Powers . The corporate powers of the government of the City of Sky Valley, 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 or as may be allowed now or in the future by State law; (2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city, and to issue bonds to raise revenue to carry out any project, program or venture authorized by thsi 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 other public utilities; to fix the taxes, charges, rates, fees, fares, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; (9) to grant franchises or make contracts for public utilities and public services; 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 valid 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, alleys and roads and over the bridges and viaducts for the use of public utilities; (12) to provide for the acquisition, construction, building, operation and maintenance of public ways, parks and playgrounds, public buildings, recreational facilities, cemeteries, markets and market houses, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institution agencies and facilities and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts as are or may be enacted;

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(13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt housing, building, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building or building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) to provide for the prevention and punishment of riots and public disturbances; (16) to regulate or prohibit junk dealers, pawnshops, the manufacture, sale or transportation of intoxicating liquors and liquids, the use and sale of firearms, the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment and any other business or situation which may be dangerous to persons or property; (17) to regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortune-telling or palmistry; (19) to prohibit or regulate and control the erection, removal and maintenance of signs, billboards, trees, shrubs, fences, buildings and any and all other structures or obstruction upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the City of Sky Valley; and to prescribe penalties and punishment for violation of such ordinances; (20) to prescribe standards of health and sanitation and to provide for the enforcement of such standards; (21) to regulate the emission of smoke or other exhaust which pollutes the air; and to prevent the pollution of natural streams which flow within the corporate limits of the city;

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(22) to fix and establish fire limits and from time to time to extend, enlarge or restrict same; to prescribe fire safety regulations not inconsistent with general law relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violation thereof; (23) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (24) to provide for the collection and disposal of garbage, rubbish and refuse; to regulate the collection and disposal of garbage, rubbish and refuse by others; and to provide for the separate collection of glass, tin, aluminium, cardboard, paper and other recyclable materials and the resale of such items; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service charge, tax or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Sky Valley and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges; (26) to levy a fee or charge or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge or fee or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) to charge, impose and collect a sewer connection fee or fees and to change the same from time to time, such fees to be levied on the users connecting with the sewerage system; (28) to define, regulate and prohibit any act, conduct, practice or use of property which is detrimental or likely to be detrimental to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the City of Sky Valley; 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 inhabitants of the City of Sky Valley; and to provide for the enforcement of such standards; (32) to provide that persons given jail sentences in the municipal court may work out such sentence in any public works or on the streets, roads, drains and squares in the city or to provide for the commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the City of Sky Valley; (34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (35) to regulate the operation of motor vehicles; and exercise control over all traffic, including parking, upon or across the streets, roads, alleys and walkways of the city; (36) to regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles;

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(37) to provide and maintain a system of pensions and retirement for officers and employees of the city; (38) to levy and provide for the collection of special assessments to cover the costs of any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city; and to confer upon such agencies the necessary authority for carrying out all the powers conferred upon or delegated to same; (41) to make, ordain and establish such bylaws, ordinances, rules and regulations as shall appear necessary or appropriate 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 and to organize and operate a fire fighting agency; (44) to establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (45) to 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; and to organize and operate an urban redevelopment program;

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(46) to organize and operate such public transportation systems as are deemed beneficial; (47) 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 the 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. Section 1.14. Construction . The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.15. Exercise of Powers . All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights, privileges and immunities shall be carried into execution as provided by ordinance of the governing authority and as provided by pertinent laws of the State of Georgia.

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ARTICLE II LEGISLATIVE BRANCH Chapter 1. Governing Body Section 2.10. City Council Creation; Composition; Number; Election . The legislative authority of the government of the City of Sky Valley, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of three (3) councilmen, who shall be elected in the manner provided by Article V of this charter. Section 2.11. Term and Qualifications of Office . The members of the council shall serve for terms of two (2) years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilman unless said person shall have been a resident of the city immediately prior to the date of the election to said office; shall continue to reside therein during said person's period of service; and shall be registered and qualified to vote in municipal elections of the City of Sky Valley. Section 2.12. Vacancy; Forfeiture of Office; Filling of Vacancies . (a) VacanciesThe office 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) Forfeiture of OfficeAny councilman shall forfeit said office if said person: (1) lacks at any time during said person's term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; (3) is convicted of a crime involving moral turpitude; or (4) abandons said office or neglects to perform the duties thereof.

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(c) Filling of VacanciesA vacancy in the office of councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.13. Compensation and Expenses . The councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office and may fix by ordinance their compensation as authorized by general law. Section 2.14. Prohibitions . (a) Holding Other OfficeExcept as authorized by law, no member of the council shall hold any other elective city office or city employment during the term for which said person is elected. (b) Voting When Personally InterestedNo member of the council shall vote upon any question in which said person is personally interested. Section 2.15. Inquiries and Investigations . The council may make inquiries and investigations into the affairs of the 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 Sky Valley 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 Sky Valley and may enforce such ordinances by imposing penalties for violation thereof.

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(c) The council may by ordinance create, change, alter, abolish or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. Chapter 2. Organizations and Procedures Section 2.20. Organization. (a) The city council shall meet for organization within 45 days following election to office. At such meeting and thereafter at the first regular meeting following an election, the oath of office shall be administered by the city clerk to the councilmen beginning a new term of office as follows: I do solemnly swear (or affirm) that I will well and truly perform the duties of (mayor or councilman, as the case may be) of the City of Sky Valley and that I will support and defend the charter thereof as well as the Constitution and laws of the State of Georgia and of the United States of America. (b) The council, by majority vote of all the members thereof, shall elect one of their number to be mayor pro tem., who shall serve for a term of two (2) years and until his successor is elected and qualified. The mayor pro tem. shall preside at all meetings of the city council and shall assume the duties and powers of the mayor upon the mayor's disability, absence or in the event of a vacancy in that office. Section 2.21. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday and at any hour it may fix, and may transact any business at such continued meeting that may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or two (2) members of the council. Notice of such special meetings shall be served on all other members as provided by ordinance. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilman's

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presence. Only the business stated in the notice may be transacted at the special meeting, unless all council members are present and consent. With such consent, any business which may be transacted in a regular meeting may be conducted at the special meeting. (c) All meetings of the council shall be public, except where otherwise provided by law and notice to the general public of special meetings shall be made as fully as is reasonably possible prior to such special meeting. Section 2.22. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for keeping a journal of its proceedings, which shall be a public record. Section 2.23. Quorum; Voting. Any two members of the city council shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adopting of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal; but any member of the council shall have the right to request a roll-call vote. A majority vote of the quorum shall be required for the adoption of any ordinance, resolution or motion. Section 2.24. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law, shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not expressed in its title. The enacting clause shall be The Council of the City of Sky Valley 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 under Section 2.22 of this charter; provided, however, an ordinance, except emergency ordinances, shall not be adopted the same day it is introduced except ordinances may be adopted at the first meeting where they are originally introduced upon the affirmative vote of all members present. Upon introduction of any ordinance, the clerk shall distribute a copy to each member of the council and to the mayor and

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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 2.25. Emergency Ordinances. To meet a public emergency affecting life, health, property, or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes; grant, renew or extend a franchise; regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two members of the council shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed thirty (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 2.26. Codes of Technical Regulations. (a) The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the clerk pursuant to Section 2.27. (b) Copies of any adopted code of technical regulations shall be made available to the clerk for distribution or for purchase at a reasonable price. Section 2.27. Signing, Authenticating, Recording; Codification, Printing. (a) The clerk shall authenticate by his signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council.

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(b) The council may by ordinance provide for the preparation of a general codification of all of the ordinances of the city having the force and effect of law. Section 2.28. Veto Power of Mayor. (a) Every ordinance adopted by the council shall be presented promptly by the clerk to the mayor. (b) The mayor, within ten (10) calendar days of receipt of an ordinance, shall return it to the clerk with or without his approval, or with his disapproval. If the ordinance has been approved by the mayor, it shall become law upon its return to the clerk; if the ordinance is neither approved nor disapproved, it shall become law at twelve o'clock noon on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the council through the clerk a written statement of his reasons for his veto. The clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor. (c) Ordinances vetoed by the mayor shall be presented by the clerk to the council at its next regular meeting and should the council then or at its next regular meeting adopt the ordinance by an affirmative vote of three of its members, it shall become law. (d) The mayor may disapprove or reduce any item or items of appropriation in any ordinance. The approved part or parts of any ordinance making appropriations shall become law, and the part or parts disapproved shall not become law unless subsequently passed by the city council over the mayor's veto as provided by this Section. ARTICLE III EXECUTIVE BRANCH Chapter 1. Mayor Section 3.10. Chief Executive Officer. The mayor shall be the chief executive of the City of Sky Valley. 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.

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Section 3.11. Election; Forfeiture; Oath; Compensation; Holding Other Offices; Personal Interests. The mayor shall be elected in the manner provided in Article V of this charter and serve for a term of two (2) years and until his successor is elected and qualified. He shall have the same qualifications, be administered the oath of office and forfeit his office on the same grounds and under the same procedures as for council members. The manner of fixing compensation, and the limitations on holding other offices and dealing in matters in which he is personally interested shall be the same for the mayor as is established for council members. Section 3.12. Powers and Duties. (a) As the chief executive of the City of Sky Valley, the mayor shall: (1) See that all laws and ordinances of the city are faithfully executed; (2) Appoint and remove all officers, department heads and employees of the city except as otherwise provided in this charter and subject to review by the council; (3) Exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (4) Prepare and submit to the council a recommended annual operating budget and recommend capital budget; (5) Submit to the council at least once a year a statement covering the financial and general conditions of the city and from time to time such other information as the council may request; (6) Recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (7) Call special meetings of the council as provided for in Section 2.21;

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(8) Approve or disapprove ordinances as provided in Section 2.28; (9) Examine and audit all accounts of the city before payment; (10) Require any department, agency or officer of the city to submit written reports on the duties thereof whenever he deems it expedient; (11) Be the official head of the city for the service of process and for ceremonial purposes; (12) See that all funds of the city are properly accounted for and that all revenues are properly and promptly collected; (13) Inspect or cause to be inspected the records and books of account of the officers of the city and shall see that they are properly and correctly kept; (14) See that order is maintained in the city and that its property and effects are preserved; (15) Perform such other duties as may be required by law, this charter or ordinance. (b) The said mayor shall have authority to: (1) Bind the city by signing any contract, obligation or other matter entered into and authorized by ordinance or resolution of the council, properly passed in accordance with the provisions of this charter; (2) Do acts and things as may be proper and necessary in the proper conduct of the affairs of the city and as may be hereinafter authorized. Section 3.13. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem., appointed by the council, or in his absence or disability for any reason, any councilman chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue.

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Chapter 2. Organization and General Provisions Section 3.20. Administrative and Service Departments. (a) The council may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city, as they shall deem necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of any departments, offices and agencies hereafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the function or duties of offices, positions of employment, departments and agencies of the city. (b) The operations and responsibilities of each department established in the city shall be distributed among such divisions or bureaus as may be provided by the council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance consistent therewith, and shall be subject to the general supervision and guidance of the mayor and city council. (c) Except as otherwise provided by this charter, the directors of departments and other appointed officers of the city shall serve at the pleasure of the appointing authority. Vacancies occurring in an appointive office shall be filled in the same manner as prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointive officers and directors of departments shall receive such compensation as prescribed by the city council. Section 3.21. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities of the city shall be appointed by the council in such manner and for such terms of office as provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law.

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(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 said member shall have executed and filed with the clerk of the city an oath obligating himself to perform faithfully and impartially the duties of such office, such oath to be administered by the mayor. (d) Any member of a board, commission or authority may be removed from office for cause by a vote of two (2) members of the council. (e) Members of boards, commissions and authorities may receive expenses in the performance of their official duties as approved by the council. (f) The qualifications required of members of boards, commissions, and authorities shall be as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable State law, each board, commission and authority of the city government shall elect one of its members as chairman and one member as vice chairman for terms of one (1) year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission, or authority of the city government may establish such bylaws, rules and regulations, not inconsistent with this charter, ordinances of the city or applicable State law, as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.22. City Attorney. The council shall appoint a city attorney together with such assistant city attorneys as may be authorized and shall provide for the payment of such attorney for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as directed; shall advise the council, mayor, and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney.

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Section 3.23. City Clerk. The 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 law or as the council may direct. Section 3.24. Tax Collector. The council shall appoint a tax collector to collect all taxes, licenses, fees and other monies belonging to the city subject to the provisions of this charter and the ordinances of the city, and the tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.25. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk and city tax collector, or any other positions and may assign the functions of any one or more of such positions to the holder or holders of any other positions. Chapter 3. Personnel Administration Section 3.30. Personnel Policies. The council shall adopt rules and regulations consistent with the charter concerning personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Sky Valley. ARTICLE IV MUNICIPAL COURT Section 4.10. Creation; Name. There shall be a court to be known as the Municipal Court of the City of Sky Valley. 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 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 21 years. All judges shall be appointed by the city council.

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(c) Compensation of the judges shall be fixed by ordinance. (d) Judges may be removed for cause by a vote of two (2) members of the city council. (e) Before entering on the 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. The oath shall be entered upon the minutes of the city council journal. Section 4.12. Convening. The municipal court shall be convened at regular intervals as designated by ordinance or as provided by ordinance. Section 4.13. Jurisdiction; Powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed $50.00 or 10 days in jail. (c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500 or imprisonment for 90 days or both, or to sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares, or other public works for a period not exceeding 90 days. (d) 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. (e) 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

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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. (f) 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. (g) 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. (h) 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 or executed by any officer as authorized by this charter or by general State law. (i) The municipal 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. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Rabun 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 4.15. 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

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and successful administration of the municipal court; provided, however, that 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. ARTICLE V ELECTIONS Section 5.10. Applicability of General Laws. The procedures and requirements for election of all elected officials of the City of Sky Valley 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 5.11. Qualifying; Nomination and Election of Candidates; Absentee Ballots. The council may, by ordinance, prescribe rules and regulations consistent with law governing qualifying fees, nomination of candidates, absentee ballots, write-in votes, challenge of votes, purging of registration lists, and such other rules and regulations as may be necessary or appropriate to fulfill any options or duties of municipality under the Georgia Municipal Election Code for the conduct of elections in the City of Sky Valley. The candidate for mayor receiving the highest number of votes shall be deemed elected mayor, and the candidates receiving the highest number of votes for councilmen shall be deemed elected councilmen. Section 5.12. Appointed Mayor and Council. There is hereby designated and appointed Lawrence McClure, Jr., as mayor of the city and James Mason, Robert L. Farish, and John O. Robertson, Jr., as councilmen of the city who shall immediately take office upon the approval of this charter as hereinafter provided upon taking the oath of office specified in Section 2.20 of this charter before any officer authorized by law to administer oaths. The mayor and councilmen appointed herein shall hold their respective offices until their successors are elected and qualified at an election held in said city as provided in Section 5.13 of this charter or until a vacancy shall occur as provided in Section 5.14.

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Section 5.13. Regular Elections; Time for Holding; Oath. A mayor and three (3) councilmen shall be elected on the first Tuesday in December, 1979, and on that date every two (2) years thereafter. Their terms of office shall begin at the time of taking the oath of office as provided in Section 2.20 of this charter. Section 5.14. Vacancies. In the event that the office of mayor shall become vacant for any cause whatsoever, the mayor pro tem. shall act as mayor until the next general election with all the powers and duties of the mayor. In the event that the office of councilman shall become vacant for any cause whatsoever, such vacancy shall be filled by appointment of the city council. The tenure of office of a councilman so appointed shall continue only until the next general election. Section 5.15. Registration of Electors. (a) The council may elect either to maintain its own registration or provide for the registration of electors by resolution or other appropriate measure, stating that any person who is a resident of the city and who is registered as an elector with the board of registrars of the county, and meets the municipal residency requirements, shall be eligible to vote in an election. (b) In the event the council does not elect to maintain its own registration, it may nevertheless appoint registrars as provided by law whose duties shall include the purging of the city's list of electors under the provisions of the Georgia Municipal Election Code. (c) No person shall vote in any City of Sky Valley election unless said person shall be a registered voter, qualified as required by law to vote in municipal elections in the City of Sky Valley. ARTICLE VI FINANCE AND FISCAL Chapter 1. Taxation Section 6.10. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 in each year, may be subject to a property tax levied by the City of Sky Valley. 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.

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Section 6.11. Tax Levy. The council shall be authorized to levy an ad valorem tax on all taxable real and personal property within the corporate limits of the 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 the sufficient levy to pay principal and interest on general obligations. 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 or tax collector and executed by any police officer of the city under the same procedure provided by laws governing execution of such process from the superior court, or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which city property taxes are levied, as of the assessment date of each year, which lien shall be superior to all other liens, except that it shall have equal dignity with those of federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments, or on other amounts due to the city. Section 6.14. Licenses; Occupational Taxes; Excise Taxes. The council by ordinance shall have full power to levy such specific or occupation taxes upon the residents of the City of Sky Valley, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of licensing and taxation in any way which may be lawful; to require such persons to purchase licenses; to compel the payment of such licenses and taxes by execution or any other lawful

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manner; and to enact ordinances and regulations necessary or proper to carry out the powers thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.15. Service Charges. The council by ordinance shall have the right, power and authority to assess and collect fees, charges, and tolls for sewer, sanitary, health services or any other services rendered both within and without the corporate limits of the City of Sky Valley for the total cost to the city for providing such services. If unpaid, such charges shall be collected as provided in Section 6.18 of this Article. Section 6.16. Special Assessments. The council shall have power and authority to assess all or part of the cost of constructing, reconstructing, widening, paving, or otherwise improving any public way, street, sidewalk, curbing, gutters, sewers, other utility mains and appurtenances, or other public improvements against the abutting property owners, under such terms and conditions as may be prescribed by ordinance. If unpaid, such charges shall be collected as provided in Section 6.18 of this Article. Section 6.17. 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 6.18. Collection of Development Taxes and Fees; Transfer of Executions. The city 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. 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

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to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be hereafter provided by law. Chapter 2. Indebtedness Section 6.20. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond 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 State law now_or hereafter provides. Section 6.22. Short-term Notes. Pursuant to applicable State law, the city may obtain and must repay temporary loans between January 1 and December 31 of each year or as is otherwise provided by present or future State law. Chapter 3. Accounting and Budgeting Section 6.30. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each office, department or institution, agency and activity of the city government, unless otherwise provided by State or federal law. Section 6.31. Submission of Operating Budget to City Council. On or before a date fixed by the council but not later than thirty (30) days prior to the beginning of each fiscal year, the mayor shall submit to the council a proposed operating budget for the ensuing fiscal year. The operating budget hereinafter provided for and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 6.32. Action by Council on Budget. (a) The council may amend the operating budget proposed by the mayor, except that the budget as finally amended and adopted must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year. (b) The council shall adopt the final operating budget for the ensuing fiscal year not later than seven (7) days prior to the beginning

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thereof. If the council fails to adopt the budget by this date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until such time as the council adopts a budget for the ensuing fiscal year. Section 6.33. Property Tax Levies. As the next order of business following adoption of the operating budget, the council shall levy by ordinance an annual tax on all taxable real and personal property within the City of Sky Valley. 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 Sky Valley. Section 6.34. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget, at any regular or special meeting called for such purpose, but any such additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenues. Section 6.35. Capital Improvements Budget. The council may by ordinance provide for the preparation by the mayor and submission to the council of a capital improvements budget. Chapter 4. Procurement and Property Management Section 6.40. Contracting Procedures. All contracts shall be made or authorized by the council, and no contracts shall bind the city unless reduced to writing and approved by the council. Section 6.41. Centralized Purchasing. (a) The council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Sky Valley. (b) Except as otherwise provided by law, the council may sell and convey any real or personal property owned or held by the City of Sky Valley 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.

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ARTICLE VII MUNICIPAL SERVICES AND REGULATORY FUNCTIONS Section 7.10. Streets. The council is hereby vested with the power to lay out, open, widen, change, straighten, alter, improve, vacate, abandon and otherwise to exercise complete control over the public streets, alleys, squares and sidewalks of the City of Sky Valley. 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 said systems; to finance any of said systems through appropriate bond issue in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to and of said systems, both within and without the corporate limits; and to contract to furnish the services of any of said systems to consumers outside the corporate limits of the City of Sky Valley. Section 7.12. Sewers and Drains. The council shall have the power and authority to provide for the establishment, extension and maintenance of a system of sewers and drains, together with a sewerage disposal system. This power includes the authority to extend said system beyond the corporate limits. For these purposes, the city is granted the power of eminent domain both within and without its corporate limits. The council may provide by ordinance for reasonable connection fees for tapping on to the water and sewer lines of said city and may compel citizens to tap into the same when such service is made available. They may cause said connection to be made when the owners refuse and issue executions to be made for the amount so expended, which execution shall create a lien on the property connected with said water and sewerage systems from the date of the order or connection. Section 7.13. Right-of-way. The city 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 Rabun County without cost; it shall have full power and authority to enact and enforce such rules, regulations and ordinances as may be necessary to protect the water basin and watershed

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from which the water supply is taken from contamination and to protect said waterworks and sewerage system, including the mains, pipes and conduits, whether the same be situated within or without the corporate limits of said city. Section 7.14. Power to Regulate and License. The council shall have the power and authority to provide by ordinance for the registration and licensing of any trade, business, occupation, vocation, profession or any and every other undertaking pursued for the purpose of personal gain or profit of whatever nature engaged in or carried on within the limits of the City of Sky Valley, regardless of whether or not the subject has an office or establishment within said city. The council shall be authorized to fix the amount, terms and manner of issuing and revoking licenses, provided that this authority is subject to the Constitutions and laws of the United States and the State of Georgia. This power is conferred for the purpose of regulation under the police powers of the city and for the purpose of raising revenue for the operation of the city government through the imposition of a tax or fee on the privilege of operating within the city. This authority extends over individuals, partnerships, associations, corporations and their agents, and any other legal entity capable of transacting business. Section 7.15. Franchises. The council shall have authority to exercise control over the use of the public streets of the City of Sky Valley. The power is hereby conferred upon the council to grant franchises for the use of said city's streets and alleys for the purposes of railroads, street railways, telephone companies, electric companies, gas companies and transportation companies. This franchise right extends to, but is not limited to, the erection of poles, stringing of wires, laying of pipes, lines or conduits both above and below the ground surface. The council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration of such franchises; provided, however, that no franchise shall be granted unless the city receives just and adequate compensation therefor. The council shall provide for the registration of all franchises with the clerk of council in the registration book to be kept by him. The council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. Section 7.16. Building, Housing, Electrical and Plumbing Regulations. The council shall have the power and authority to enact

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such reasonable rules and regulations as it may deem necessary or expedient regarding the construction and maintenance of buildings, remodeling of buildings, plumbing, and electrical wiring and equipping of buildings, in order to promote the safety and welfare of its citizens and to guard against fire or other property damage. This power may, in the discretion of the council, be exercised by adoption of any such standard building, housing, gas heating and airconditioning, electrical and plumbing codes as may be deemed appropriate. The Council shall be empowered to engage the necessary personnel to enforce such rules and regulations as adopted, and to charge reasonable fees 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 MISCELLANEOUS Section 8.10. Official Bonds. The officers and employees of the City of Sky Valley, 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. Construction. The captions to the several Sections of this charter are informative only and are not to be considered as a part thereof. The singular shall include the plural and the masculine the feminine and vice versa. Section 8.12. Penalties. The violation of any provision of this charter for which no penalty is specifically provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $500.00 or by imprisonment not to exceed 90 days or both such fine and imprisonment. Section 8.13. Severability. If any Article, Section, subsection, paragraph, sentence, or part thereof of this charter shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect or impair other parts of this charter, unless it clearly appears that such other parts are wholly and necessarily dependent upon the part or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this charter that all Articles, Sections, subsections, paragraphs, sentences or parts thereof be enacted separately and independently of one another.

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Section 8.14. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. CERTIFICATE OF COMPLIANCE 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 the Representative from District 4, Post 1 and the author of a local Act granting an original municipal charter to a body politic to be known as the City of Sky Valley, Georgia and that the minimum standards required by the provisions of an Act providing certain minimum standards prerequisite to the original incorporation of municipalities, approved April 12, 1963 (Ga. Laws 1963, p. 251), as amended, do exist as to the area embraced within the corporate limits of said city. /s/ Carlton Colwell Representative, District 4, Post 1 Sworn and subscribed to before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Notice of Intention to Introduce Local Legislation. Notice is hereby given that there shall be introduced at the regular 1978 session of the General Assembly of Georgia a bill to grant a Charter to a new municipality to be incorporated as a body politic under the name of the city of Sky Valley, Rabun County, Georgia, to provide for all matters relative thereto, and for other purposes. This 30th day of January, 1978. /s/ Powell, Goldstein, Frazer, and Murphy 1100 CS National Bank Building Atlanta, Georgia 30303 Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Carlton Colwell who, on oath,

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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 2, 9 and 16, 1978. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 20th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF HOSCHTONNEW CHARTER. No. 1159 (House Bill No. 2011). AN ACT To create a new charter for the City of Hoschton; to provide for corporate limits; to provide for the powers of the city; to provide for a mayor and the election thereof; to provide for the powers, duties and authorities of the mayor; to provide for a mayor pro tem and the selection and duties thereof; to create a city council; to provide for the composition thereof; to provide for elections, terms, qualifications and compensation of the members of the city council; to provide for the filling of vacancies on the city council; to provide for certain prohibitions and requirements for officials and employees of the city and penalties for violations thereof; to authorize investigations; to provide for meetings of the city council; to provide for practices and procedures; to provide for ordinances, codes, and matters related thereto; to provide for emergencies; to provide for administration of the city's government; to provide for boards, commissions, and authorities; to provide for a city attorney and city clerk; to provide for bonds; to provide for elections; to provide for removal of officers; to create a municipal court; to provide for judges; to provide for jurisdiction and powers of the court; to provide for practices and procedures; to provide for appeals and

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rules; to provide for taxes and the practices and procedures related thereto; to provide for licenses, permits, fees, franchises, and special assessments; to provide for delinquent taxes and fees; to provide for financial and fiscal affairs of the city; to provide for budgets, appropriations, and audits; to provide for contracting, purchasing, and the sale of city property; to provide for a land development code; to provide for existing personnel and officers and pending matters; to provide for construction and severability; to provide for penalties; to repeal an Act incorporating the City of Hoschton in the County of Jackson, approved August 19, 1919 (Ga. Laws 1919, p. 1028), as amended; to provide for existing ordinances and regulations; 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 . City of Hoschton; inhabitants and territory. The City of Hoschton and the inhabitants of the territory provided for in Section 2 of this charter are hereby constituted and declared a body politic and corporate under the name and style of Hoschton, Georgia, and by that name shall have continuous succession as provided under the Constitution and laws of the State of Georgia. Section 2 . Boundaries. (a) The boundaries of the City of Hoschton shall be those existing on the effective date of the adoption of this charter. The corporate limits of the City of Hoschton shall extend 3/4 of a mile in every direction from the center of the depot as provided in the original charter by legislative enactment dated September 19, 1891, and by amending the territorial boundaries by legislative Act on August 16, 1916, providing that the northern limits of said corporation shall extend north 12 west, 383 feet beyond the land line known as the Parks and Braselton line, being a land line running north of said line parallel to Parks and Braselton land line shall no longer be included within the corporate limits of said City of Hoschton, and amending the corporate limits of the City of Hoschton by legislative Act dated March 6, 1962, by providing that the following described land shall be excluded from the corporate limits of the City of Hoschton. BEGINNING at an iron pin located in the northeast corner of this tract of land, said pin being 30 feet west of the center of Georgia Highway No. 53, where this tract corners with lands of Braselton Improvement Company; thence running along State Highway No. 53 south 13 degrees 30 minutes east 319 feet to a stake;

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thence south five degrees 30 minutes east 209 feet to a stake; thence south 81 degrees 40 minutes west 377 feet to an iron pin; thence north 13 degrees no minutes west 560 feet to an iron pin on the boundary which is adjacent to Braselton Improvement Company land; thence running along the city limits north 67 degrees 30 minutes east 411 feet to the beginning iron pin. (b) These boundaries may be altered from time to time in the manner provided by the law of the State of Georgia and as provided in this charter. The boundaries of the City of Hoschton at all times shall be shown on a map, written description, or any combination thereof to be retained permanently in the office of the Clerk of the City of Hoschton and to be designated Official Map (or Description) of the Corporate Limits of the City of Hoschton, Georgia. Photographic, typed, or other copies of such map or description or combination thereof certified by the Clerk of the City of Hoschton may be admitted as evidence in all courts and shall have the same force and effect as the original map, description, or combination thereof. (c) The mayor and council may provide by ordinance for the redrawing of any such map, rewriting of any such description, or redrafting of any combination thereof to reflect lawful changes in the corporate boundaries. A redrawn map, rewritten description, or redrafted combination thereof shall supersede for all purposes any earlier map or maps, description or descriptions, or combination or combinations thereof which it is designated to replace. Section 3 . Powers of the City of Hoschton. (a) The city shall have all powers possible for a city to have under the present or future Constitution and laws of the State of Georgia as fully and completely as though they were specifically enumerated in this charter, including all powers of self-government not specifically prohibited by the general law or a local Act of the State of Georgia. (b) The powers of the City of Hoschton 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 of Hoschton. (c) The corporate powers of the City of Hoschton shall include but are not limited to the following:

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(1) Taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; to levy and collect such other taxes as may be allowed now or in the future by the law of the State of Georgia; (2) 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; (3) Municipal Debts. To appropriate and borrow money for the payment of debts of the City of Hoschton 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; (4) 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 of Hoschton; (5) 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 of Hoschton and the general welfare of the citizens of Hoschton, on such terms and conditions as the donor or grantor may impose insofar as those terms and conditions accord with the Constitution and laws of the State of Georgia and provisions contained in this charter and where the mayor and city council formally approve such terms and conditions by majority vote; (6) Condemnation. To condemn property, inside or outside the corporate limits of the City of Hoschton for present or future use, and for any corporate purpose deemed necessary by the governing authority, under present or future provisions of the laws of the State of Georgia; (7) 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

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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; (8) 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 valid regulations by the Public Service Commission; (9) 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; (10) 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 of Hoschton and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under any applicable present or future law of the State of Georgia; (11) 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;

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(12) 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; (13) 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; (14) Public Peace. To provide for the prevention and punishment of drunkenness and public disturbances; (15) Special Areas of Public Regulation. To regulate or prohibit junk dealers; pawnshops, the manufacture, sale or transportation of intoxicating liquors; 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; (16) 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; (17) Health and Sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (18) Air and Water Pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the

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pollution of natural streams which flow within the corporate limits of the City of Hoschton; (19) 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; (20) Public Hazards, Removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public; (21) 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; (22) 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 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; (23) 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;

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(24) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (25) 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; (26) 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; (27) 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 destruction, when not redeemed as provided by ordinance, to provide punishment for violation of ordinance enacted hereunder; (28) 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; (29) 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; (30) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the City of Hoschton; (31) Special Assessments. To levy and provide for the collection of special assessment to cover the costs of any public improvements;

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(32) 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; (33) General Health, Safety, and Welfare. To define, regulate and prohibit any act, practice, conduct or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the City of Hoschton and to provide for the enforcement of such standards; (34) 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 of Hoschton 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 now or in the future authorized to be exercised by other municipal government under other laws of the State of Georgia. No listing of particular powers in this charter shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 4. Chief executive officer; election, forfeiture. (a) The mayor shall be the chief executive officer of the City of Hoschton. He or she 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 except those executive and administrative powers specifically granted to the city council or other officers under this charter or under the Constitution and laws of the State of Georgia. (b) The mayor shall be elected and serve for a term of two years and until a successor is elected and qualified. He or she shall be a qualified elector of the City of Hoschton and shall have been a resident of the city immediately preceding his or her election. The mayor shall continue to reside in the City of Hoschton during the period of his or her service. He or she shall forfeit the office of mayor on the same grounds and under the same procedure as for councilmembers. The compensation of the mayor shall be established in the same manner as for councilmembers.

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Section 5 . Tie breaker. The mayor may cast a vote to break a tie on matters before the council; by such vote the mayor waives veto power. Section 6 . Powers and duties of mayor. The mayor shall: (a) preside at all meetings of the city council but shall not have the power to vote in any business before the city council except in the election by the city council of the officers of the City of Hoschton; (b) see that all laws and ordinances of the City of Hoschton are faithfully executed; (c) with the approval of the city council appoint and remove all officers, department heads, and employees of the City of Hoschton except as otherwise provided in this charter; (d) exercise supervision over all executive and administrative work of the City of Hoschton and provide for the coordination of administrative activities, provided that the mayor may delegate administrative duties to appropriate officers or employees of the City of Hoschton; (e) prepare or cause to be prepared and submit to the city council a recommended annual operating budget and recommended capital budget; (f) submit to the city council at least once a year a statement covering the financial conditions of the City of Hoschton and from time to time such other information as the city council shall request; (g) recommend to the city council such measures relative to the affairs of the city, improvement of government, and promotion of the welfare of its inhabitants as he or she may deem advisable; (h) call special or emergency meetings of the city council as provided in Sections 16(b) and 20 of this charter; (i) approve or disapprove ordinances as provided in Section 7 of this charter;

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(j) examine and audit all accounts of the City of Hoschton; (k) require any department or agency of the city to submit written reports whenever he or she deems it expedient; and (l) perform other duties as may be required by general law of the State of Georgia, this charter, or ordinance of the City of Hoschton. Section 7 . Submission of ordinances to the mayor; veto power. (a) Every ordinance adopted by the city council shall be presented promptly by the city clerk to the mayor. (b) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the city clerk with or without his or her approval, or with his or her disapproval. If the ordinance has been approved by the mayor, it shall become law at 12:00 midnight on the tenth calendar day after its adoption; if the ordinance is disapproved, the mayor shall submit to the city council a written statement of the reasons for his or her veto. The city clerk shall record upon the ordinance the date of its delivery to and receipt from the mayor and the mayor's disposition of the ordinance. (c) Ordinances vetoed by the mayor shall be presented by the city clerk to the city council at its next regular meeting, and should the city council then or at its next regular meeting adopt the ordinance by an affirmative vote of five members, the ordinance shall become law. Section 8 . Mayor pro tem; selection and duties. The city council shall elect by majority vote from among the members of the city council a mayor pro tem who shall assume the duties and powers of the mayor upon the mayor's disability or absence. The city council shall elect a new 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 councilmembers. Section 9 . City council creation; composition; number. The legislative authority of the government of the City of Hoschton, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of six councilmembers. The council-members shall be elected in the manner provided by this charter.

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Section 10 . City council terms and qualification for office. The members of the City Council of the City of Hoschton shall serve for terms of two years and until their respective successors are elected and qualified. No person shall be eligible to serve as councilmember unless he or she shall have been a resident of the City of Hoschton immediately prior to the date of the election of members of the city council, and each shall be registered and qualified to vote in municipal elections of the City of Hoschton. Section 11 . Compensation and expenses. (a) The mayor and councilmembers shall receive compensation for their services in an amount set by ordinance and as provided by the laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. During the period beginning with the effective date of this charter through taking office of new councilmembers in 1979, salaries shall be the same as those existing in the year immediately preceding the date of adoption of this charter. (b) Any action to increase the compensation of the mayor and/or councilmembers shall not be effective until after the taking of office of those elected at the next regular municipal election which is held following the date on which the action to increase such compensation was taken. (c) Such action shall not be taken during the period of time beginning with the date that candidates for election to membership on the city council may first qualify as such candidates and ending with the date members of the city council take office following their election. (d) Such action shall not be taken until notice of intent to do so has been published in a newspaper of general circulation in the City of Hoschton at least once a week for three consecutive weeks immediately preceding the week during which such action is taken. (e) Notice of such action must also appear in a prominent place in the clerk's office continuously during the three-week period provided for in subsection (d) of this Section and a copy of the proposal must be available for inspection by the public.

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Section 12 . Vacancy; filling of vacancies. (a) The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in a manner authorized by this charter or the general laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the remainder of the unexpired term, if any, as provided for elsewhere in this charter. Section 13 . Prohibitions. (a) Conflict of interest. No elected official, appointed officer, or employee of the City of Hoschton, or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair his or her independence of judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the City of Hoschton without proper legal authorization or use such information to advance the financial or other private interest of that councilmember or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which he or she knows is interested directly or indirectly in any manner whatsoever in business dealings with the City of Hoschton; 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 insofar as permitted by the laws of the State of Georgia and other provisions of this charter;

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(5) Represent other private interests in any action or proceeding against this city or any portion of its government; and (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a financial interest. (b) 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 of Hoschton shall disclose such private interest to the City Council of the City of Hoschton. The mayor or any councilmember who has a private interest in any matter pending before the City Council of Hoschton shall disclose such private interest and such disclosure shall be entered on the records of the city council and that councilmember shall be disqualified from participating in any decision or vote relating to that interest. Any elected official, appointed officer, or employee of any agency or political entity to which this charter applies who shall have a private financial interest, directly or indirectly, in any contact or matter pending before or within the entity shall disclose that private interest to the governing body of the agency or entity. (c) Use of Public Property. No elected official, appointed officer, or employee of the City of Hoschton, or any agency or entity to which this charter applies shall use property owned by the City of Hoschton for personal benefit, convenience, or profit except in accordance with express policies promulgated by the city council or the governing body of such agency or entity. (d) Contracts Voidable and Rescindable. Any violation of this Section which occurs with the knowledge, express or implied, of another party to a contract or sale shall render that contract or sale voidable as to that party at the option of the City Council of the City of Hoschton. (e) Ineligibility of Elected Officials. Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or compensated appointive office in the City of Hoschton or otherwise be employed by said government or any agency thereof during the term for which that councilmember was elected. No former mayor and no former councilmember shall hold

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any compensated appointive office in the City of Hoschton until one year after the expiration of the term for which that individual was elected except as provided by the Constitution and laws of the State of Georgia or elsewhere in this charter. (f) Political Activities of Certain Officers and Employees. No appointive officer and no employee of the City of Hoschton shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. (g) Penalties for Violation. (1) Any officer of the City of Hoschton who knowingly conceals such financial interest or knowingly violates any of the requirements of this Section shall be guilty of malfeasance in office or position and upon conviction therefor shall be deemed to have forfeited the office or position. (2) Any officer or employee of the City of Hoschton who shall forfeit his or her office or position as described in subsection (1) above shall be ineligible for appointment or election to or employment in a position in the government of the City of Hoschton for a period of three years thereafter. Section 14. Inquiries and investigations. The City Council of the City of Hoschton may make inquiries and investigations into the affairs of the City of Hoschton and the conduct of any department, office, or agency thereof and for this purpose may command the appearance of witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails to obey a lawful order issued in the exercise of these powers by the city council shall be punished as provided by ordinance. Section 15. Organizational meeting. The City Council of Hoschton shall meet for organization on the first regularly scheduled meeting after the annual 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 faithfully discharge the duties devolved upon me as Mayor (or Councilmember) of the City of Hoschton, that I will faithfully enforce the law of this city, I will support and defend the charter of the City of Hoschton as well as

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the Constitution and laws of the State of Georgia and of the United States of America, and that I will do all in my power to promote the general welfare of the inhabitants of the City of Hoschton, and the common interest thereof, so help me God. Section 16. Regular and special meetings. (a) The City Council of the City of Hoschton at its organizational meeting shall set the dates, place and times of regular meetings for the coming year through the next annual organizational meeting. These meeting dates may be postponed after reasonable public notice as provided by ordinance. (b) Special meetings of the City Council of the City of Hoschton may be held on call of the mayor or any member of the city council. Notice of such special meetings shall be served on all other members personally or by telephone personally, at least fortyeight hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any special meeting may be waived by a councilmember in writing before or after such a meeting. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the city council shall be public to the extent required by the general law of the State of Georgia, and notice to the public of special meetings shall be made as fully as is reasonably possible five days prior to such meetings. Section 17. Rules of procedure. The City Council of the City of Hoschton 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 retained in the office of the Clerk of the City of Hoschton. Section 18. Quorum; voting. A majority of the councilmembers 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 a roll-call vote, a show of hands, or by recorded vote at the option of the mayor or any councilmember. The affirmative vote of a majority of councilmembers shall be required for the adoption of any ordinance, resolution, or motion except as otherwise provided in this charter.

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Section 19. 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 Hoschton hereby ordains..., and every ordinance shall so begin. (b) An ordinance may be introduced by a councilmember 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 as provided in Section 20. Upon introduction of any ordinance, the clerk shall distribute as soon as possible a copy to the mayor and to each councilmember and shall retain a copy of the ordinance in the clerk's office for inspection by the public. Section 20. Emergencies. To meet a public emergency affecting life, health, property or public peace, the City Council of Hoschton may convene on call of the mayor or any councilmember 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 four councilmembers 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.

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Section 21. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by his or her signature and record in full in a book kept for the purpose all ordinances adopted by the City Council of the City of Hoschton. (b) The city council shall provide for the preparation of general codification of all the ordinances of the City of Hoschton having the force and effect of law. The general codification shall be adopted by the city council by ordinance and shall be published together with all amendments thereto and such 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 Hoschton, Georgia. A copy of the code shall be furnished to each officer, department and agency of the City of Hoschton and made available for purchase by the public at a reasonable price as fixed by the city council. (c) The City Council of Hoschton 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. A copy of each ordinance and amendment to this charter shall be furnished to those persons designated by the city council. Section 22. Administrative and service departments. (a) Except as otherwise provided in this charter, the city council by ordinance shall provide for the administration of the city's government. (b) The city council shall prepare a personnel ordinance to apply to all nonelective officers and employees of the City of Hoschton. Section 23. Boards, commissions and authorities. (a) The city council may create by ordinance such boards, commissions and authorities as it deems necessary to fulfill any of the powers or duties granted to the City of Hoschton by this charter or the general law of the State of Georgia. (b) All members of such boards, commissions, or authorities of the City of Hoschton shall be appointed by the city council for such terms of office and in such manner as shall be provided by ordinance, except as otherwise provided in this charter by general law of the State of Georgia.

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(c) The city council may provide by ordinance for the compensation and reimbursement for actual and necessary expenses of members of boards, commissions and authorities. (d) No member of any board, commission or authority shall hold any elective office in the City of Hoschton except as provided by ordinance. (e) Any vacancy on such 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 general law of the State of Georgia. (f) Each member of a board, commission or authority shall execute an oath obligating such member to perform faithfully and impartially the duties of the office, such oath to be prescribed by ordinance, administered by the mayor, and filed with the clerk before assumption of the office. (g) Any member of a board, commission or authority may be removed from office by a vote of five members of the city council. (h) Except as otherwise provided by this charter or the general law of the State of Georgia, each board, commission or authority of the City of Hoschton shall elect one of its members as chairman, one member as vice-chairman, and may elect as secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city may establish rules and regulations not inconsistent with this charter or the general law of the State of Georgia as it deems appropriate and necessary for fulfillment of its duties or conduct of its affairs. Copies of such regulations and a list of such officers shall be filed with the clerk. Section 24. City attorney. The city council may appoint a city attorney and such assistant attorneys as necessary and shall provide for payment for services rendered to the city by such attorney or attorneys. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be prosecuting officer in the municipal court; shall attend meetings of the city council as directed; shall advise the mayor, city council, and other officers and employees of the city concerning the city's legal affairs; and shall perform such other duties as specified by the city council.

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Section 25. City clerk. The city council shall appoint a city clerk who shall not be a councilmember to perform such duties of an administrative nature as the city council may require and to maintain council records required by this charter. Section 26. Official bonds. The officers and employees of the City of Hoschton, 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 by ordinance or as may be provided by the general laws of the State of Georgia. Section 27. Regular elections; time for holding. On the Tuesday next following the first Monday in November in each year beginning on November 7, 1978, there shall be an election for mayor and city councilmenbers' positions where those terms are about to expire. The terms of office shall begin at the time of taking the oath of office as provided elsewhere in this charter. Section 28. Special elections; vacancies. In the event that the office of mayor or councilmember shall become vacant for any cause whatsoever, the city 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 four months of the expiration of the term of that office, the city 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 provisions of the general law of the State of Georgia and all other applicable laws as now or hereafter amended. Section 29. 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 as provided by present or future applicable law of the State of Georgia. Section 30. Election by plurality. The person receiving a plurality of the votes cast for any city office shall be elected. Section 31. Grounds for removal. The mayor, councilmembers, or others provided for in this charter shall be removed from office for any one or more of the following causes:

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(a) 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) knowing 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 the general law of the State of Georgia. Section 32. Procedure for removal. Removal of the mayor or councilmembers or other officers provided for in this charter may be accomplished by one of the following methods: (a) By the vote of five councilmembers 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 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 Jackson County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the municipal court. (b) By information filed in the Superior Court of Jackson County as provided by the law of the State of Georgia. Section 33. First elections under this charter. The first municipal election under this charter shall be the November, 1978, election at which the mayor and all councilmember positions shall be filled. The city council seats shall be designated posts 1, 2, 3, 4, 5, and 6. All persons giving notice of candidacy for a city council seat shall designate the post being sought. Posts 1, 2, and 3 and the office of mayor shall be filled at this first election for terms of two years each and until their respective successors are elected and qualified. Posts 3, 4 and 5 shall be filled at this first election for a term of one year only. At the next annual election, posts 3, 4 and 5 each shall be filled for a two-year term and until their respective successors are

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elected and qualified. Thereafter, such councilmember will serve a full two-year term as provided in Section 10 of this charter. Section 34. Creation of Municipal Court. There shall be a court to be known as the Municipal Court of the City of Hoschton. Section 35. Judges. (a) The municipal court shall be presided over by the mayor or a person appointed by the mayor or council, which may appoint part-time, full-time or standby judges as it deems expedient. All such judges serve at the pleasure of the city council. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless he or she shall have attained the age of 21 years. The city council may require additional qualifications by ordinance at its discretion and in accordance with the general laws and Constitution of the State of Georgia. (c) Compensation of any judge or judges shall be fixed by ordinance. (d) Judges may be removed by a vote of five members of the city council. (e) 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 city council journal required elsewhere in this charter. Section 36. Convening. The municipal court shall be convened at regular intervals as provided by ordinance. Section 37. Jurisdiction; powers. (a) The municipal court shall try and punish violations of all city ordinances. (b) The municipal court shall have authority to punish those in its presence for contempt or malicious prosecution as for a misdemeanor.

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(c) The municipal court may fix punishment for offenses within its jurisdiction as permitted by the general law of the State of Georgia. (d) The municipal court shall have authority to establish a schedule of fees, which fees shall be paid into the city treasury, and shall be entitled to reimbursement of the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of laws of the State of Georgia. (e) The municipal court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before the 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 an appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited by the judge presiding at such time, and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be declared forfeited to the city on order of the judge, 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. (f) The municipal court shall have the authority to bind prisoners over to the appropriate court when there appears to be probable cause that a law of the State of Georgia has been violated. (g) 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. (h) 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 so authorized by ordinance adopted by the city council or by the general law of the State of Georgia.

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(i) The municipal 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 in particular by such laws as authorize the abatement of nuisances and prosecution of traffic violations. Section 38. Appeal. Appeals from decisions of the municipal court shall be taken to the State Court of Jackson County in the manner provided for appeals from the court of probate. The right of appeal and any bond as may be required to secure the costs of appeal to the State Court of Jackson 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 or her appeal within ten days of the date of conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 39. 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, that the city council may adopt in part or in whole 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 and shall be available for public inspection. Section 40. Property tax. The City Council of the City of Hoschton 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 of Georgia and Jackson 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 of the City of Hoschton at its discretion. The City of Hoschton is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 91-4104, inclusive. Section 41. Millage rate, due dates, payment methods. The city council by ordinance shall establish a millage rate for the city property

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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 authorize the voluntary payment of taxes prior to the time when due. Section 42. Occupation and business taxes. The city council by ordinance shall have the power to levy occupation or business taxes not denied by the general law of the State of Georgia. 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 of Hoschton to be so taxed. The city council may classify businesses, occupations, professions, or callings for the purpose of such taxes as provided elsewhere in this charter. Section 43. Licenses, permits, fees. The city council by ordinance shall have the power to require any individuals or corporations who transact business in the City of Hoschton or who practice or offer to practice any profession or calling in the city 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 the general law of the State of Georgia 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 elsewhere in this charter. The city council by ordinance may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. Section 44. 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 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 city council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by the clerk. The city council may provide by ordinance for the registration within a reasonable time of all franchises previously granted.

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Section 45. 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 of Hoschton for the total cost to the city of providing such services. If unpaid, such charges shall be collected as provided elsewhere in this charter. Section 46. 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 elsewhere in this charter. Section 47. 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 Section of this charter in such manner as it deems appropriate. This may 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 48. Indebtedness. (a) General obligation bonds. The city council shall have the power to issue bonds for the purpose of raising revenue to carry out any project or activity authorized under this charter or the general laws of the State of Georgia. 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. (b) Revenue bonds. Revenue bonds may be issued by the city council as the present or future law of the State of Georgia provides. Such bonds are to be paid out of any revenue produced by the project or activity for which they were issued. (c) Short-term notes. The City of Hoschton must obtain and repay any short-term loans between January 1 and December 31 of

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each year or as is otherwise provided by present or future general law of the State of Georgia. Section 49. Fiscal year. The city council shall set the fiscal year by ordinance. This 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 Georgia or federal law. Section 50. Preparation of a budget. The city council shall 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 51. Submission of operating budget to city council. On or before a date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the council shall adopt for its citizens a proposed operating budget for the approaching fiscal year. The operating budget and the capital improvements budget hereinafter provided for and all supporting documents shall be filed in the office of the city clerk and shall be open to public inspection. Section 52. Action by city council on budget. (a) The city council may amend the operating budget except that the budget as finally amended and adopted must provide for all expenditures required by the law of the State of Georgia or by 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. (b) The city council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the last day of each fiscal year. If the city 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 city council adopts a budget for the ensuing fiscal year. Such adoption shall take the form of an appropriations ordinance setting out the estimated revenues in detail by sources and making appropriations according to fund and by organizational

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unit, purpose or activity as set out in the budget preparation ordinance elsewhere in this charter. (c) The amount set out in the adopted operating budget for each organizational unit shall constitute the annual appropriation for such, and no expenditure shall be made or encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or allotment thereof, to which it is chargeable. Section 53. Tax levies. As the next order of business following adoption of the operating budget, the city council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinance shall be such that reasonable estimates or 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 Hoschton. Section 54. Changes in appropriations. The city council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special or emergency meeting called for the purpose, but any additional appropriations may be made only from an existing unappropriated surplus in the fund to which it applies or on a revised estimate of revenue. Section 55. Capital improvements budget. (a) On or before the date fixed by the city council but not later than 45 days prior to the beginning of each fiscal year, the council shall adopt a proposed capital improvements budget with recommendations as to the means of financing the improvements proposed for the ensuing fiscal year. The city council shall have power to accept, with or without amendments, or reject the proposed program and proposed means of financing. The city 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 as provided elsewhere in this charter. (b) The city council shall adopt by ordinance the final capital improvements budget for the ensuing fiscal year not later than the last day of each fiscal year. No appropriation provided for in a

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prior 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 accompanied by recommendations. Any such amendments to the capital improvements budget shall become effective only upon adoption by ordinance. Section 56. 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. 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 57. Contracting procedures. No contract with the City of Hoschton shall be binding upon the city unless: (a) it is in writing; (b) it is drawn by or submitted to and reviewed by the city attorney and as a matter of course is signed by him or her to indicate such drafting or review; and (c) it is made or authorized by the city council and such approval is entered in the city council journal of minutes required elsewhere in this charter. Section 58. Centralized purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the City of Hoschton. Section 59. 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 any other purposes as provided by present or future general law of the State of Georgia. (b) The city 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 stating that the property is not

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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 of Hoschton 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 city council may authorize the mayor to execute and deliver in the name of the City of Hoschton a deed conveying said cutoff or separated parcel or tract of land to an abutting or adjoining property owner or owners in exchange for rights-of-way of said street, avenue, alley or public place or in settlement of any alleged damages sustained by said abutting or adjoining property owner. All deeds and conveyances heretofore and hereafter so executed and delivered shall convey all title and interest the City of Hoschton has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. Section 60. Land development code. The City Council of Hoschton shall adopt a land development code by ordinance. Section 61. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the City of Hoschton and their rights, privileges and powers shall continue beyond the time this charter takes effect and until the existing city council passes 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, which ordinance the city council shall pass as soon as practicable after adoption of this charter into law. Section 62. 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 ongoing work or cases shall be dealt with by any city agencies, personnel or office as may be provided by the city council. Section 63. Construction. (a) Section captions in this charter are informative only and are not to be considered as a part of the charter.

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(b) The word shall is intended to be mandatory, and the word may is not intended to be mandatory. (c) The singular shall include the plural and the masculine the feminine and vice versa. Section 64. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein or by applicable laws of the State of Georgia is hereby declared to be a misdemeanor and shall be punishable by a fine of not more than $1000 or by imprisonment not to exceed 30 days. Section 65. Severability. If any section, subsection, paragraph, sentence, or part 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 section, subsection, paragraph, sentence or part of the charter be enacted separately and independently. Section 66. Special Repealer. (a) An Act incorporating the City of Hoschton, in the County of Jackson, approved August 19, 1919 (Ga. Laws 1919, p. 1028), is hereby repealed in its entirety, and all amendatory Acts thereto are likewise repealed in their entirety. All Acts of the General Assembly heretofore passed incorporating the City of Hoschton are hereby consolidated and superseded by this Act. All local Acts of the General Assembly in conflict with or at variance with this Act are hereby expressly repealed, and all local laws or parts of local laws in conflict with this Act are hereby repealed. (b) All ordinances passed by the mayor and council of the City of Hoschton under a former charter or any amendment thereof which are now in force and which are in conflict with this Act are expressly repealed, but all ordinances now in force which are not in conflict with this Act are continued as ordinances of the City of Hoschton, in full force and effect until the same have been repealed by ordinance or resolution of the mayor and council, as provided elsewhere in this charter.

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Section 67. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. PUBLIC NOTICE. Notice of intention to apply for local legislation is given this 19th day of January 1978. Notice is hereby given that the City of Hoschton, Georgia intends to apply for the passage of local legislation at the 1978 session of the General Assembly of Georgia, which convenes on January 9, 1978 to amend the charter of the City of Hoschton, Georgia; the title of such bill or bills to be as follows: An act to amend the corporate charter of the City of Hoschton, in Jackson County, and to prescribe its boundaries; to provide for its powers and duties; to provide for officials of the City of Hoschton and their powers and duties; to provide for the election or appointment and removal of such officials of the City; to create a municipal court, its judge, jurisdiction and powers; to provide for a power to tax and license, and to prepare and adopt financial controls; and for other purposes. Charter will be available for public inspection at the city hall. /s/ Hoyt Bell, Mayor Edna R. Sell City Clerk /s/ Lauren A. McDonald, Jr. Representative Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Lauren McDonald, Jr. who, on oath, deposes and says that he is Representative from the 12th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Jackson Herald which is the official organ of Jackson County, on the following dates: January 18, 25 and February 1, 1978. /s/ Lauren McDonald, Jr. Representative, 12th District Sworn to and subscribed before me, this 22nd day of February, 1978.

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/s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 24, 1978. GLYNN COUNTYCOMPENSATION OF DEPUTIES OF JUDGE OF PROBATE COURT. No. 1160 (House Bill No. 2014). 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. Laws 1972, p. 3199), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3569), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3790), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4470), so as to change the provisions relating 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. Laws 1972, p. 3199), as amended by an Act approved March 28, 1974 (Ga. Laws 1974, p. 3569), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3790), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4470), is hereby amended by striking from subsection (b) of Section 5 the following:

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$15,000, and inserting in lieu thereof the following: $18,000, so that when so amended, subsection (b) of Section 5 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 $18,000 annually. Such salaries shall be paid in equal monthly installments from the funds of Glynn 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 1978 Session of the General Assembly of of Georgia a bill 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. Laws 1972, p. 3199), as amended to repeal conflicting laws; and for other purposes. This 20th day of January, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District /s/ 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,

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deposes and says that he/she 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, 1978, February 2, 1978 and February 9, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. STATE COURT OF GLYNN COUNTYCOMPENSATION OF CLERK, ETC. No. 1161 (House Bill No. 2015). AN ACT To amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3158), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3159), so as to change the provisions relating to the compensation of the clerk and deputy clerks; to change the number of deputy clerks authorized; 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 creating the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended, particularly by an Act approved April 17, 1973 (Ga. Laws 1973, p. 3158), and an Act approved March 24, 1976 (Ga. Laws 1976, p. 3159), is hereby amended by striking from the first sentence of subsection (a) of Section 11 the following: $14,000.00, and inserting in lieu thereof the following: $15,500.00, and by striking from the second sentence of said subsection (a) the following: $12,000.00, and inserting in lieu thereof the following: $10,500.00, and by striking from the third sentence of said subsection (a) the following: four (4), and inserting in lieu thereof the following: five (5), so that when so amended, said subsection (a) of Section 11 shall read as follows: (a) The clerk of said court shall be paid a salary in the amount of $15,500.00 per annum. The chief deputy clerk shall be paid a salary of not less than $8,400.00 nor more than $10,500.00 per annum, and each deputy clerk shall be paid a salary of not less than $4,800.00 nor more than $8,400.00 per annum. There shall be a chief deputy clerk and five (5) deputy clerks. The exact amount

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of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility of keeping the official records of the court. The chief deputy and other deputy clerks shall be appointed only by the clerk of said court. All of said salaries shall be paid in equal monthly installments out of the treasury of Glynn County. Section 2. This Act shall become effective on the first 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 1978 Session of the General Assembly of Georgia a bill to amend an Act creating the State Court of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended: to repeal conflicting laws; and for other purposes. This 20th day of January, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District /s/ 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/she 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, 1978, February 2, 1978 and February 9, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District

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Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. WALKER COUNTY DEVELOPMENT AUTHORITYDEFINITIONS, ETC. No. 1162 (House Bill No. 2017). AN ACT To amend an Act known as the Walker County Development Authority Act, approved March 18, 1964 (Ga. Laws 1964, p. 3104), so as to change the definition of undertaking, project, undertaking or project and undertaking and project; and to provide for the Walker County Development Authority to have all powers enumerated under the Development Authorities Law, approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), an Act approved March 25, 1976 (Ga. Laws 1976, p. 708), an Act approved April 5, 1976 (Ga. Laws 1976, p. 1483), an Act approved March 23, 1977 (Ga. Laws 1977, p. 789), and as the said Development Authorities Law may hereinafter be amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act known as the Walker County Development Authority Act, approved March 18, 1964 (Ga. Laws 1964, p. 3104), is hereby amended by adding at the end of subsection (3) of Section 2, the following: The words `undertaking', `project', `undertaking or project' or `undertaking and project' shall, in addition to the meaning and definition as set forth above, mean and include, and be defined the same as `project' as defined in the `Development Authorities Law', approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), an Act approved March 25, 1976 (Ga. Laws 1976, p. 708), an Act approved April 5, 1976 (Ga. Laws 1976, p. 1483), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 789) and as `project' may hereinafter be defined by amendments to the `Development Authorities Law.' Section 2. Said Act is further amended by adding to Section 9 a new subsection (17) to read as follows: (17) In addition to all other powers conferred upon the Walker County Development Authority as enumerated above, the Walker County Development Authority shall have all powers and authority as have been granted to or are hereafter granted to development authorities under the `Development Authorities Law', approved March 28, 1969 (Ga. Laws 1969, p. 137), as amended by an Act approved March 19, 1971 (Ga. Laws 1971, p. 177), an Act approved April 24, 1975 (Ga. Laws 1975, p. 1259), an Act approved March 25, 1976 (Ga. Laws 1976, p. 708), an Act approved April 5, 1976 (Ga. Laws 1976, p. 1483), and an Act approved March 23, 1977 (Ga. Laws 1977, p. 789) and as the `Development Authorities Law' may hereinafter be amended. 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.

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NOTICE OF LEGISLATION. Notice is hereby given that there will be introduced in the 1978 Session of the General Assembly a bill to amend the Walker County Development Authority Act to provide that in addition to the definition and meaning of undertaking and project undertaking or project or undertaking and project as set out in the Walker County Development Authority Act undertaking project undertaking or project or undertaking and project or undertaking and project as used in the Walker County Development Authority Act shall be defined the same as project in the Development Authorities Law as the Development Authorities Law now exists or as may hereafter be amended and to further provide that in addition to all the powers provided for under the Walker County Development Authority Act that the Walker County Development Authority shall have all the powers provided for Authorities under Section 4 of the Development Authorities Law as same now exists or as may hereafter be amended. /s/ Wayne Snow, Jr. Representative, 1st District 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/she 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 1, 8, and 15, 1978. /s/ Wayne Snow, Jr. Representative, 1st District Sworn to and subscribed before me, this 23rd day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commssion Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF TALLAPOOSACHARTER AMENDED. No. 1163 (House Bill No. 2019). AN ACT To amend an Act creating a new charter for the City of Tallapoosa, approved April 7, 1976 (Ga. Laws 1976, p. 4262), so as to provide for certain gas, water and sanitation funds; to change certain accounting and budgetary procedures; to change the fiscal year of said City; to regulate sales to the City by officers and employees of the City; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Tallapoosa, approved April 7, 1976 (Ga. Laws 1976, p. 4262), is hereby amended by adding at the end of Chapter IV., Article I., a new Section to be designated Section 4.19 to read as follows: Section 4.19. Gas, Water and Sanitation Funds. The Mayor and Council shall establish three separate funds for revenues derived from gas, water and sanitation services. The governing authority of the City shall prepare monthly operating statements for each such fund evidencing the revenues received each month for the services provided. Depreciation of fixed assets accounted for in such funds shall be recorded in the accounts of the appropriate fund. Section 2. Said Act is further amended by striking Section 4.30 in its entirety and inserting in lieu thereof a new Section 4.30 to read as follows:

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Section 4.30. Fiscal Year. The fiscal year beginning April 1, 1978, shall extend only to August 31, 1978. Henceforth, the fiscal year for the City of Tallapoosa shall be September 1 to the following August 31. 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 3. Said Act is further amended by striking Section 4.31 in its entirety and inserting in lieu thereof a new Section 4.31 to read as follows: Section 4.31. Preparation of Budgets; Budgetary System. The Mayor and Council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget and a capital improvement budget, including requirements as to scope, content and form of such budgets; provided, however, that the Mayor and Council shall adopt a budgetary encumbrance and control system for the General Fund and the Revenue Sharing Fund. The system shall encompass, but shall not be limited to, the following procedures: (a) Determination of revenues - Anticipated revenues of the General Fund shall be computed. Unless a new source of revenues has been legally enacted, the anticipated revenues should not exceed the prior year. Revenues of the prior year which exceeded the expenditures of that year can be properly included as available for appropriation in the new year. (b) Appropriation of revenues - All expenditures of the new year must be appropriated. Adoption of a line-item budget by the Council will serve as the appropriation. For any item to exceed the amount appropriated, a formal approval by the Council will be necessary. (c) Recording appropriations - All appropriations shall be recorded in the ledger of the General Fund and Revenue Sharing Fund. It shall be the responsibility of the City Clerk to notify the Council of items that are in excess of the appropriation. (d) Reallocation or additional appropriations - The Council shall be authorized to increase appropriations, provide for new appropriations, and eliminate prior appropriations.

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Section 4. Said Act is further amended by adding at the end of Article IV. a new Section to be designated Section 4.43 to read as follows: Section 4.43. Officer or Employee Selling to City. In cases where any officer or employee of the City or agency thereof who, for himself or in behalf of any business entity, sells any property to the City of Tallapoosa, said transactions shall be documented as required by ordinance of the Council and shall be filed with the City Clerk. Such transactions shall be a matter of public record. 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 1978 session of the General Assembly of Georgia local legislation for the City of Tallapoosa. This 10th day of January, 1978. /s/ Philip Eidson City Clerk 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 Tallapoosa Journal Beacon in Haralson County, on the following dates: January 11, 18 and 25, 1978. /s/ Thomas B. Murphy Representative, 18th District Sworn to and subscribed before me, this 23rd day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. UPSON COUNTYCOMPENSATION OF SHERIFF. No. 1164 (House Bill No. 2021). 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. Laws 1975, p. 2846), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2751), 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 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. Laws 1975, p. 2846), as amended by an Act approved February 18, 1977 (Ga. Laws 1977, p. 2751), 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 annual base salary of the Sheriff of Upson County shall be $17,000.00, which shall be paid in equal monthly installments from the funds of Upson County. The annual base salary shall not be reduced. The governing authority is hereby empowered to make annual adjustments to the salary of said sheriff,

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but shall not be required to do so, which adjustments, if made, shall be at any rate not greater than six percent of the salary of said sheriff in the previous year. The annual salary so determined shall be in lieu of all fees, costs, fines, forfeitures, commissions, emoluments and perquisites of any nature whatsoever heretofore allowed as compensation to said sheriff, regardless of the capacity in which the services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered. Section 2. Said Act is further amended by striking in its entirety Section 2 of said 1977 amendatory Act which reads as follows: 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. The salary payments due said sheriff for that portion of the calendar year 1978 remaining after the effective date of this Act, at the discretion of the governing authority of Upson County, Georgia, may be adjusted proportionately by an amount not to exceed six percent during the calendar year 1978. Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming 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 1978 Session of the General Assembly of Georgia a local bill to amend Section 1 and Section 2 of Georgia Laws, 1977, pages 2751-53, which law fixes the amount of compensation of the Sheriff of Upson County, Georgia, and grants to the Governing Authority of Upson County, Georgia, the authority to adjust the annual salary of the Sheriff of Upson County, Georgia by a rate not to exceed six per cent; to provide an effective date; to repeal conflicting laws; and for other like purposes.

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This 24th day of January, 1978. /s/ Marvin Adams Representative in the General Assembly for 79th House District of Georgia. /s/ Peter L. Banks 17th Senatorial District of Georgia Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared Perry D. Sherrer, who on oath says that he is the publisher of The Thomaston Times, a newspaper published in the city of Thomaston, Upson county, Georgia, being of general circulation, and the Second Edition of which, being the newspaper in which Sheriff's advertisements are published, who certifies that legal notice, a true copy of which is attached hereto, being a notice of intention to apply for local legislation, was published in The Thomaston Times and The Free Press once a week for three weeks, as required by law, said dates of publication being January 25, 1978, February 1, 1978 and February 8, 1978. /s/ Perry D. Sherrer Publisher The Thomaston Times and The Free Press Sworn to and subscribed before me, this 9th day of February, 1978. /s/ Edgar A. Fry Notary Public, Upson County, Georgia. My Commission Expires Nov. 15, 1979 (Seal). Approved March 24, 1978.

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CITY OF WARNER ROBINSCORPORATE LIMITS. No. 1165 (House Bill No. 2022). AN ACT To amend an Act incorporating the City of Warner Robins, approved March 5, 1943 (Ga. Laws 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. Laws 1943, p. 1624), as amended, is hereby amended by striking in its entirety Section 2 and inserting in lieu thereof a new Section 2 to read as follows: Section 2. The corporate limits of said municipality shall embrace the following described territory: BEGINNING at a point where the northerly right-of-way of Bargain Road is extended easterly to intersect with the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said highway to a point where said right-of-way intersects with the southwesterly right-of-way of the eastbound exit ramp of the Richard Russell Parkway onto the southbound lane of said Georgia Highway No. 247; thence in a northwesterly direction along the southwesterly right-of-way of said exit ramp to the southerly right-of-way of said Richard Russell Parkway; thence in a westerly direction along the southerly right-of-way of said parkway to the southerly line of Land Lot 223 of the Fifth Land District; thence along the southerly line of Land Lot 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

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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 Lot 223 to the southerly right-of-way of Richard Russell Parkway; thence continuing in a westerly direction along the southerly right-of-way of said Parkway to the northeasterly right-of-way of Booth Road; thence in a southeasterly and then easterly direction along the northeasterly and northerly right-of-way of said road to the westerly right-of-way of Georgia Highway No. 247; thence in a southerly direction along the westerly right-of-way of said Highway crossing Sandy Run Creek to a point where the southerly property line of the City of Warner Robins property intersects therewith; thence in a westerly direction along the southerly line of said property to a point where the easterly line of Land Lot 18 of the 11th Land District intersects therewith; thence in a northerly direction along the easterly line of Land Lots 18 and 17 of said district to the run of Sandy Run Creek; thence in a generally westerly direction along the run of said Creek to the 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 right-of-way of Richard Russell Parkway; thence in a westerly direction along the southerly right-of-way of said Parkway 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;

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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 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

Page 4372

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 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 the easterly right-of-way of Carl Vinson Parkway; thence S 0 44[UNK] 16[UNK] W along the easterly right-of-way of said Parkway 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 1492.49 ft. to a point; thence N 0 01[UNK] 30[UNK] W for 498.13 ft. to a point; thence S 89 58[UNK] 30[UNK] W for 1063.14 ft. to 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

Page 4373

direction across said road to the northerly right-of-way of said road; thence in an easterly direction along the northerly right-of-way of said road to a point of intersection where said road runs in a northerly direction; thence in a generally northerly direction along the westerly right-of-way of Corder Road to a point 133.05 feet southerly of the intersection of a line running 350 feet westerly and parallel to the easterly line of Land Lot 147 of said district which intersects with said right-of-way; thence N 8 23[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] 4 0[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 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

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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] 3 0[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 line of Lot 9, Block `A', of Ext. No. 4, Tanglewood Estates Subdivision; thence N 85 56[UNK] 30[UNK] E to the southwesterly corner of Lot 10, Block `A' of said Subdivision; thence N 26 28[UNK] 35[UNK] W along the westerly line of said Lot to the southerly right-of-way of Foxfire Dr.; thence extending said line across said street to the northerly right-of-way of said street; thence in a northeasterly direction along the right-of-way of said street to the southeasterly corner of Lot 9, Block `B', of said Subdivision; thence in a westerly direction for 60.96 ft. to the southwesterly corner of said lot; thence N 04 03[UNK] 30[UNK] W along the westerly line of said lot for 150.0 ft. to the southerly right-of-way of Gilcrest Drive; thence in a westerly direction along the southerly right-of-way of said street for 24.28 ft. to a point; thence N 04 03[UNK] 30[UNK] W crossing said street for 50.0 ft. to a point being the southwesterly corner of Lot 20, Block `B' of said Subdivision; thence N 04 03[UNK] 30[UNK] W for 150.0 ft. to a point; thence N 85 56[UNK] 30[UNK] E for 44.29 ft. to a point; thence N 04 03[UNK] 30[UNK] W for 81.18 ft. to a point; thence N 40 05[UNK] 15[UNK] E for 137.64 ft. to a point on the southwesterly right-of-way of the Centerville-Elberta Road; thence in a northwesterly and then westerly direction along the southwesterly and 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

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right-of-way of Bateman Road to a point 1411.29 feet southerly of the intersection of the westerly right-of-way of Bateman Road with the southerly right-of-way of Dunbar Road; thence South 89 degrees 41 minutes 30 seconds West for 1309.40 feet to a point; thence South 89 degrees 16 minutes 30 seconds West for 706.91 feet to a point; thence South 89 degrees 36 minutes 30 seconds West for 974.66 feet to a point; thence North 0 degrees 47 minutes 40 seconds East for 869.59 feet to a point; thence South 89 degrees 59 minutes East for 765 feet to a point; thence North 3 degrees 01 minute East for 555.65 feet to a point on the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of Dunbar Road for 2286.35 feet to the intersection of the easterly right-of-way of Bateman Road and the southerly right-of-way of Dunbar Road; thence in a southerly direction along the easterly right-of-way of Bateman Road to a point 754.09 feet northerly of the northerly line of Land Lot 150 of 5th Land District; thence South 88 degrees 50 minutes East for 743.2 feet to a point; thence South 88 degrees 42 minutes 56 seconds East for 1479.1 feet to a point; thence South 88 degrees 57 minutes 30 seconds East for 655.85 feet to a point on the westerly line of Land Lot 162 of Fifth Land District; thence in a southerly direction along the westerly line of said Land Lot 162 to the Northwest corner of Land Lot 163; thence along the northerly line of said Land Lot 163 to the westerly right-of-way of North Houston Road; thence in a northerly direction along the westerly right-of-way of said road to the southerly right-of-way of Dunbar Road; thence in an easterly direction along the southerly right-of-way of said Dunbar Road for 100 feet to a point; thence in a southerly direction along the easterly right-of-way of North Houston Road to the southerly line of Land Lot 176; thence in an easterly direction along the southerly line of said Land Lot 176 for 1470 feet to a point; thence North 0 degrees 53 minutes 30 seconds East for 1477 feet to a point; thence North 89 degrees 44 minutes West for 338.15 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 2759.9 ft. to a point; thence S 89 40[UNK] 30[UNK] E for 288.79 ft. to a point; thence N 04 36[UNK] 30[UNK] W for 90.66 ft. to a point; thence N 12 30[UNK] 08[UNK] E 218.93 ft. to a point; thence S 72 19[UNK] 11[UNK] E for

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66.58 ft. to a point; thence N 22 49[UNK] 26[UNK] E for 26.74 ft. to a pont; thence S 66 06[UNK] E for 37.47 ft. to a point; thence N 23 54[UNK] E for 47.64 ft. to a point; thence N 73 34[UNK] 38[UNK] E for 517.65 ft. to a point; thence S 89 40[UNK] 30[UNK] E for 113.83 ft. to a point; thence S 0 19[UNK] 30[UNK] W for 330.0 ft. to a point; thence S 78 31[UNK] 14[UNK] W for 146.5 ft. to a point; thence S 70 19[UNK] 30[UNK] W for 175.0 feet to a point; thence S 41 00[UNK] 32[UNK] W for 68.93 ft. to a point; thence S 05 03[UNK] 14[UNK] W for 163.47 ft. to a point; thence S 0 19[UNK] 30[UNK] W for 295.0 ft. to a point; thence S 89 40[UNK] 30[UNK] E for 860.57 ft. to a point; thence S 00 27[UNK] 20[UNK] E for 494.34 ft. to a point; thence S 02 59[UNK] 10[UNK] W for 35.75 ft. to a point; thence S 45 19[UNK] 30[UNK] W for 302.14 ft. to a point; thence S 00 19[UNK] 30[UNK] W for 566.35 ft. to a point; thence N 89 40[UNK] 30[UNK] W for 540.0 ft. to a point; thence N 00 19[UNK] 30[UNK] E for 638.45 ft. to a point; thence N 44 40[UNK] 30[UNK] W for 200.18 ft. to a point; thence N 00 39[UNK] 40[UNK] E for 340.01 ft. to a point; thence S 89 40[UNK] 30[UNK] E for 27.56 to a point; thence N 00 19[UNK] 30[UNK] E for 140.0 ft. to a point; thence N 89 40[UNK] 30[UNK] W for 363.0 ft. to a point; thence S 0 19[UNK] 30[UNK] W for 1735.0 ft. 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.

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Excepted from the aforesaid described property is all that tract or parcel of land being in Land Lot 169, 170 and 195 of the Fifth Land District as follows: Beginning at a point being the intersection of the westerly right-of-way of Moody Road and the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right of way of Watson Road to a point 410 feet easterly of the westerly line of Land Lot 195 of the Fifth Land District; thence S 0 24[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 then northerly direction along the southerly, southwesterly, and westerly right-of-way of Rusty Road to the southerly right-of-way of Watson Road; thence in a westerly direction along the southerly right-of-way of said road for a distance of 350 feet to a point; thence in a southerly direction to the rear corner of Lots 17 and 18, Block `A', of Section No. 2, Sonja Heights Subdivision; thence in an easterly direction along the rear lot lines of Lots 17, 16 and 15 of said Block to a point 40.19 feet easterly of the rear corner of Lots 15 and 16 of said Block; thence in a southeasterly and then southerly direction of the northeasterly and easterly line of Lot 15 of said Block to the southeast corner of Lot 15 of said Block; thence continuing in a southerly direction across Cheryl Blvd. to a point on the southerly right-of-way of Cheryl Blvd.; thence in an easterly direction along the southerly right-of-way of Cheryl Blvd. to the northwest corner of Lot 1, Block `F' of Section No. 1, Sonja Heights Subdivision; thence in a southerly direction along the westerly line of Lot 1 of said Block `F' for 109.67 feet to a point; thence in a generally southerly direction along the rear lines of Lots 2 thru 16 of said Block `F' to the rear corner of Lots 16 and 31 of said Block `F'; thence continuing along the rear lines of Lots 31, 32 and 42 of said

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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. Also excepted from the aforesaid described property is all of that triangular tract of land enclosed within the bounds of Avalon Circle and the Centerville-Elberta Road and being located in Land Lot 149 of the Fifth Land 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 in the 1978 Session of the General Assembly of Georgia, a bill providing for Amending the City Limits of Warner Robins, Georgia. Such legislation shall constitute an Amendment to the Charter of the City of Warner Robins, Georgia.

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This 29th day of December, 1977. /s/ Ed Barker State Senator /s/ Ted W. Waddle Representative, 113th District /s/ Roy H. Watson, Jr. Representative, 114th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ted W. Waddle who, on oath, deposes and says that he/she is Representative from the 113th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Houston County Journal which is the official organ of Houston County, on the following dates: January 5, 1978, January 12, 1978 and January 19, 1978. /s/ Ted W. Waddle Representative, 113th District Sworn to and subscribed before me, this 23rd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4380

WARREN COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 1166 (House Bill No. 2025). 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. Laws 1963, p. 2164), as amended, 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. 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. Laws 1963, p. 2164), as amended, is hereby amended by striking from subsection (b) of Section 2 the following: $6,000, and inserting in lieu thereof the following: $7,800, 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 $7,800 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.

Page 4381

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 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 provide for the compensation of the personnel for said officer, to provide for other matters relative thereto, and for other purposes. This 7th day of February, 1978. /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/she 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: February 10, 1978, February 17, 1978 and February 24, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4382

WARREN COUNTYCOMPENSATION OF TAX COMMISSIONER, ETC. No. 1167 (House Bill No. 2026). 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, Georgia, approved February 23, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2519), as amended, so as to change the compensation of the tax commissioner; to change the provisions relating to the compensation of assistants and clerks; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the 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, 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 $7,800.00 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 $14,400.00, 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

Page 4383

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 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. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been performed in the capacity of an agent for the State Revenue 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. Laws 1937-38, Ex. Sess., p. 297), as amended. 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 1978 session of the General Assembly of Georgia, 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 by Act No. 543 at the 1977 session of the General Assembly, so as to place the Tax Commissioner

Page 4384

of Warren County, Georgia, on a salary; to provide for clerical help, and for other purposes. This 6th day of February, 1978. /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/she 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: February 10, 1978, February 17, 1978 and February 24, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4385

CITY OF LINCOLNTONTEMPORARY LOANS. No. 1168 (House Bill No. 2028). AN ACT To amend an Act creating a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as amended, so as to change the provisions relating to temporary loans; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a new charter for the City of Lincolnton, approved March 4, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as amended, is hereby amended by striking from Section 111 of said Act the following: , not to exceed $5,000,, and inserting in lieu thereof the following: in such amount, so that when so amended Section 111 of said Act shall read as follows: Section 111. Be it further enacted, that the mayor and councilmen of said city shall have power and authority, when necessary to supply casual deficiencies in the revenues of said city, to negotiate a temporary loan or loans and execute a note or notes therefor in the name of said city in such amount as may be provided by special resolution or ordinances for that purpose. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4386

Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Regular 1978 Session of the General Assembly of Georgia, a Bill to amend an Act creating a new Charter for the City of Lincolnton, Georgia, approved March 5, 1953, (Ga. Laws 1953, Jan.-Feb. Sess., p. 3117), as amended; and for other purposes. This 30th day of January, 1978. /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/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 2, 1978, February 9, 1978 and February 16, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4387

LINCOLN COUNTYCOMPENSATION OF BOARD OF COMMISSIONERS. No. 1169 (House Bill No. 2029). AN ACT To amend an Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), approved February 25, 1949 (Ga. Laws 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2248), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2685), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2620), an Act approved April 11, 1967 (Ga. Laws 1967, p. 3023), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3350), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3126), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 4012), 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. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Board of Commissioners of Roads and Revenues of Lincoln County (now Board of Commissioners of Lincoln County), approved February 25, 1949 (Ga. Laws 1949, p. 1228), as amended by an Act approved February 19, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2483), an Act approved March 9, 1959 (Ga. Laws 1959, p. 2248), an Act approved March 3, 1962 (Ga. Laws 1962, p. 2685), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2620), an Act approved April 11, 1967 (Ga. Laws 1967, p. 3023), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3350), an Act approved March 22, 1974 (Ga. Laws 1974, p. 3126), and an Act approved April 17, 1975 (Ga. Laws 1975, p. 4012), is hereby amended by striking Section 3 thereof in its entirety and substituting in lieu thereof a new Section 3 to read as follows: Section 3. The chairman of the board shall receive a salary from the general funds of said county in the sum of $11,000.00 per year, payable monthly. In addition to said sum the chairman shall receive an additional 2 1/2 percent of his salary for each year of service

Page 4388

as chairman of the board completed after July 1, 1975. Said chairman shall, during his term of office, devote his full time to the said position. 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 remaining two members of said board shall be paid $55.00 per month. There shall be no limitation as to the number of meetings which are held each month. Section 3. This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1228), as amended; and for other purposes. This 4th day of February, 1978. /s/ Ben Barron Ross Representative, 76th District /s/ Curry Colvin, Chairman /s/ Talmadge B. Reed, Member /s/ Edward S. Turner, Member Georgia, Fulton County.

Page 4389

Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978 WARREN COUNTYCOMPENSATION OF CLERICAL HELP FOR PROBATE COURT. No. 1170 (House Bill No. 2030). AN ACT To amend an Act providing for the compensation of the Judge of the Probate Court of Warren County, approved February 9, 1949 (Ga. Laws 1949, p. 411), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3148), so as to change the provisions relating to the compensation of clerical help for the judge of the probate court; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4390

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 Warren County, approved February 9, 1949 (Ga. Laws 1949, p. 411), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3148), is hereby amended by striking from Section 3 the following: $6,000.00, and inserting in lieu thereof the following: $7,800.00, so that when so amended Section 3 shall read as follows: Section 3. The judge of the probate court shall hire such clerical help as shall be necessary to efficiently perform the duties of his office and set the compensation therefor which shall be paid from the funds of Warren County; provided, that said county shall not be liable for a sum in excess of $7,800.00 per annum for such clerical help; provided, further, that the Board of Commissioners of Warren County may appropriate such other sums for the payment of compensation for clerical help as it deems necessary. Section 2. This Act shall become effective on the first 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 1978 session of the General Assembly of Georgia, a bill to amend an Act providing for the compensation of the Judge of the Probate Court of Warren County, approved February 9, 1949 (Ga. L. 1949, p. 411), as amended so as to provide for the compensation of the personnel for said officer, to provide for other matters relative thereto; and for other purposes.

Page 4391

This 1st day of February, 1978. /s/ Ben Barron Ross Representative, 76th District AFFIDAVIT Georgia, Warren County. TO WHOM IT MAY CONCERN: This is to certify that the legal notice attached hereto has been published in the: The Warrenton Clipper legal organ for Warren County, the following dates, to-wit: February 3, 1978, February 10, 1978 and February 17, 1978. Sworn to on the 22nd day of February, 1978. /s/ Alva L. Haywood, Publisher Sworn to and subscribed to before me, on the 22nd day of February, 1978. /s/ Rhonda S. Phillips Notary Public. My Commission Expires Feb. 7, 1981. (Seal). Approved March 24, 1978.

Page 4392

LINCOLN COUNTYJUDGE OF PROBATE COURT PLACED ON SALARY BASIS. No. 1171 (House Bill No. 2031). AN ACT To abolish the present mode of compensating the Judge of the Probate Court of Lincoln 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 an Act supplementing the fees paid to the Judge of the Probate Court of Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1780), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3960); 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 Lincoln County, known as the fee system, is hereby abolished, and in lieu thereof, an annual salary for such officer is prescribed as hereinafter provided. Section 2 . The judge of the probate court shall receive an annual salary equal to the minimum annual salary provided for such judge by an Act providing minimum salaries for judges of probate courts, approved March 21, 1974 (Ga. Laws 1974, p. 455), as the same may now or hereafter be amended. Such salary shall be payable in equal monthly installments from the funds of Lincoln County. 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

Page 4393

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. 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, 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 Lincoln 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 4394

Section 7. An Act supplementing the fees paid to the Judge of the Probate Court of Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1780), as amended by an Act approved April 19, 1973 (Ga. Laws 1973, p. 3960), is hereby repealed in its entirety. Section 8. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to place the Judge of the Probate Court of Lincoln County on an annual salary in lieu of the fee system of compensation; to provide for personnel and expenses of the office of judge of the probate court; to provide for other matters relative thereto; to repeal the Act supplementing the fees paid to the Judge of the Probate Court of Lincoln County, approved February 25, 1949 (Ga. Laws 1949, p. 1780), as amended; and for other purposes. This 4th day of February, 1978. /s/ Ben Barron Ross Representative, 76th District /s/ Alex E. Ferguson, Judge, Probate Court Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross, who, on oath, deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Ross Representative, 76th District

Page 4395

Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. LINCOLN COUNTYCLERK OF SUPERIOR COURT PLACED ON SALARY BASIS. No. 1172 (House Bill No. 2032). AN ACT To abolish the present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system; to provide in lieu thereof an annual salary; to provide that all fees, costs or other emoluments of said officer shall become the property of the county; to provide for the collection of all such fees and emoluments; to provide for periodic statements; to provide for the payment of the operating expenses of said office; to provide for the employment of necessary personnel by said officer; to provide for the compensation for such personnel; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. The present mode of compensating the Clerk of the Superior Court of Lincoln County, known as the fee system, is hereby abolished and in lieu thereof an annual salary for such officer is prescribed as hereinafter provided.

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Section 2. The clerk of the superior court shall receive the annual salary specified by general law as the minimum salary for a clerk of the superior court in a county having the population of Lincoln County. The salary shall be 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 clerk of the superior court shall furnish the governing authority of the county a detailed, itemized statement, under oath, of all such funds received during the preceding month by such officer and paid into the county treasury. The statement shall show the respective amounts of money collected and the source thereof. Section 4. The clerk of the superior court shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to discharge the official duties of his office efficiently and effectively. He shall, from time to time, recommend to the governing authority of said county the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of said county to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the clerk of the superior court, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion. Section 5. The necessary operating expenses of the clerk of the superior court's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of the county available for such purpose. All supplies, materials, furnishings, furniture, utilities, uniforms, vehicles and equipment, and the repair,

Page 4397

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 Lincoln 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. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to place the Clerk of Superior Court of Lincoln County on an annual salary in lieu of the fee system of compensation; to provide for personnel and expenses of the office of clerk of superior court; to provide for other matters relative thereto; and for other purposes. This 4th day of February, 1978. /s/ Ben Barron Ross Representative, 76th District /s/ T. B. Steed Clerk 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/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was plublished in the Lincoln Journal which is the official

Page 4398

organ of Loncoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. LINCOLN COUNTYCOMPENSATION OF TAX COMMISSIONER. No. 1173 (House Bill No. 2033). 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. Laws 1953, Nov.-Dec. Sess., p. 2604), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3145) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3923), so as to change the compensation of the tax commissioner; to provide for payment by the county of certain expenses of the office of tax commissioner; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4399

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. Laws 1953, Nov.-Dec. Sess., p. 2604), as amended, particularly by an Act approved March 24, 1976 (Ga. Laws 1976, p. 3145) and an Act approved March 23, 1977 (Ga. Laws 1977, p. 3923), is hereby amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows: Section 4. (a) The tax commissioner shall receive for his services as such an annual salary of $11,000.00, payable in equal monthly installments from the funds of Lincoln County. (b) All fees, commissions, costs, fines, emoluments and perquisites of whatever kind received and collected by the tax commissioner shall be received, collected and held by him as public funds belonging to Lincoln County. Once each month the tax commissioner shall turn over to the fiscal authority of said county all funds collected by him with a detailed, itemized statement showing the sources from which such funds were collected. It is specifically provided that the salary provided herein for the tax commissioner shall be in lieu of all fees, commissions, costs, fines, emoluments and perquisites of whatever kind, including those commissions allowed by an Act relating to the commission on taxes collected in excess of a certain percentage of the taxes due according to the Tax Net Digest, approved January 17, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 297), as amended; provided, however, that the tax commissioner shall be entitled to those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor vehicle license plates by local tax officials. (c) The tax commissioner shall have the authority to appoint clerical personnel to assist him in carrying out the duties of his office, with the approval of the governing authority of Lincoln County; provided, however, that the total compensation of all such clerical personnel shall not exceed $4,000.00. (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. Laws 1946, p. 206), the same

Page 4400

being codified as Section 32-1106 of the Code of Georgia Annotated, and shall pay the same into the county treasury. Section 2. Said Act is further amended by adding a new Section after Section 4 thereof, to be designated Section 4A, to read as follows: Section 4A. The expense of any services contracted for the purpose of preparation and handling of tax returns and the tax digest in Lincoln County shall be paid out of county funds by the county governing authority. 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. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Lincoln County into the office of Tax Commissioner of Lincoln County, approved December 17, 1953 (Ga. Laws 1953, Nov.-Dec. Ses., p. 2604), as amended; and for other purposes. This 4th day of February, 1978. /s/ Ben Barron Ross Representative, 76th District /s/ D. T. Danner, Tax Commissioner 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/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local

Page 4401

Legislation was published in the Lincoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. LINCOLN COUNTYCOMPENSATION OF SHERIFF. No. 1174 (House Bill No. 2034). AN ACT To amend an Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2486), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4007), so as to change the compensation of the said sheriff; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensating the Sheriff of Lincoln County and providing in lieu thereof an annual

Page 4402

salary, approved March 24, 1965 (Ga. Laws 1965, p. 2486), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 4007), is hereby amended by striking from Section 2 the figure, $9,000.00 and inserting in lieu thereof the figure, $9,900.00, so that when so amended Section 2 shall read as follows: Section 2. The Sheriff of Lincoln County shall be paid an annual salary of $9,900.00, payable in equal monthly installments from funds of Lincoln County. The governing authority of Lincoln County shall furnish, maintain and pay the operating expenses of the automobiles of the sheriff's office, and the said governing authority shall furnish uniforms to the deputy sheriff. Section 2 . This Act shall become effective on the first 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. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Lincoln County on an annual salary, approved March 24, 1965 (Ga. Laws 1965, p. 2486), as amended; and for other purposes. This 4th day of February, 1978. /s/ Ben Barron Ross Representative, 76th District /s/ B. C. Danner Sheriff Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Ben Barron Ross who, on oath,

Page 4403

deposes and says that he/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. LINCOLN COUNTYTREASURER'S COMPENSATION. No. 1175 (House Bill No. 2035). AN ACT To amend an Act providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. Laws 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. Laws 1937, p. 1363), an Act approved March 12, 1941 (Ga. Laws 1941, p. 920), an Act approved March 26, 1947 (Ga. Laws 1947, p. 735), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2940), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3036), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3352), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3962), and an Act approved

Page 4404

March 31, 1976 (Ga. Laws 1976, p. 3711), so as to change the compensation of said treasurer; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . An Act providing compensation for the Treasurer of Lincoln County, approved August 19, 1916 (Ga. Laws 1916, p. 461), as amended by an Act approved March 1, 1937 (Ga. Laws 1937, p. 1363), an Act approved March 12, 1941 (Ga. Laws 1941, p. 920), an Act approved March 26, 1947 (Ga. Laws 1947, p. 735), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2940), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3036), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3352), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3962), and an Act approved March 31, 1976 (Ga. Laws 1976, p. 3711), is hereby amended by striking from Section 1 the following: $5,000.00, and by substituting in lieu thereof the following: $5,500.00, so that when so amended Section 1 shall read as follows: Section 1. The Treasurer of Lincoln County shall receive the annual sum of $5,500.00, payable in equal monthly installments from funds of Lincoln County, as his sole compensation. Section 2 . This Act shall become effective on the first day of the month following the month in which it is approved by the Governor or in which it becomes law without his approval. Section 3 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce to Local Legislation. Upon the recommendation of the Lincoln County Grand Jury sitting at the January Term, 1978.

Page 4405

Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend an Act creating the Office of Treasurer of Lincoln County, approved August 18, 1916 (Ga. Laws 1916, p. 461), as amended by an act approved March 26, 1947 (Ga. Laws 1947, p. 735), as amended by an act approved March 17, 1960 (Ga. Laws 1960, p. 2940), as amended by an act approved March 6, 1962 (Ga. Laws 1962, p. 3036), as amended by an Act approved April 23, 1969 (Ga. Laws 1969, p. 3352), as amended by an act approved April 19, 1973 (Ga. Laws, p. 3962), and as amended by an act approved March 31, 1976 (Ga. Laws, 1976, p. 3711), so as to provide for an increase in the annual compensation paid to the Treasurer. This 4th day of February, 1978. /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/she is Representative from the 76th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Lincoln Journal which is the official organ of Lincoln County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Ben Barron Ross Representative, 76th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia, State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4406

COMPENSATION OF PROBATE JUDGES IN CERTAIN COUNTIES (10,450-10,650). No. 1176 (House Bill No. 2036). AN ACT To amend an Act to provide minimum salaries for probate judges of the various counties within the State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p. 455), as amended, so as to change the minimum salary of the probate judge in all counties having a certain population; to provide 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 minimum salaries for probate judges of the various counties within the State of Georgia, approved March 21, 1974 (Ga. Laws 1974, p. 455), as amended, is hereby amended by inserting a new paragraph at the end of Section 1 thereof to read as follows: Any provision of this paragraph to the contrary notwithstanding, the minimum salary of the judge of the probate court in all counties having a population of not less than 10,450 and not more than 10,650, according to the United States Decennial Census of 1970 or any future such census, shall be $11,000.00 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. Approved March 24, 1978.

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CHATHAM COUNTY WATER AND SEWER AUTHORITYMEMBERS. No. 1177 (House Bill No. 2039). AN ACT To amend an Act creating the Chatham County Water and Sewer Authority, approved March 31, 1976 (Ga. Laws 1976, p. 3676), so as to change the numbers of members of said Chatham County Water and Sewer Authority and provide that one member must be a member of the Chatham County Commissioners and Ex Officio Judges Thereof, the governing authority 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 Chatham County Water and Sewer Authority, approved March 31, 1976 (Ga. Laws 1976, p. 3676), is hereby amended by striking Section 4 and Section 5 of said Act in their entirety and substituting in lieu thereof new Sections 4 and 5 to read as follows: Section 4. The said water system is to be constructed, maintained and operated by a six-member board to be known as the Chatham County Water and Sewer Authority. The members of the board shall be appointed by the governing authority of said county. The first members appointed hereunder shall be appointed for terms of one, two, three, four and five years as shall be designated by the governing authority. The sixth member shall be a member of the governing authority, that is, the Chatham County Commissioners and Ex Officio Judges Thereof; and, said sixth member shall be appointed by the governing authority for a term to run concurrently with the term to which said Commissioner was elected to the governing authority. This said sixth member shall be appointed upon the approval of this Act. Successors to these members and future members shall be appointed by the governing authority for terms of

Page 4408

five years, each, except the member of the governing authority, whose term shall expire at the end of the term to which he is elected. At the beginning of the term of newly elected Chatham County Commissioners, said Commissioners shall elect one of their members to said Authority. All members shall serve until their successors are appointed and qualified. The governing authority of the county shall fill any vacancy which occurs on the Authority, for the unexpired term. The members shall elect a chairman, vice chairman and secretary who shall serve for such periods as shall be fixed by the Authority. The Authority shall make a report of its actions to the grand jury for the September terms of the superior court of said county. A majority of the members shall constitute a quorum for the transaction of business. A regular meeting shall be held once each month on a day to be set by the Authority. The majority of the Authority shall have the right to call a special meeting. Each member of the Authority shall be given at least three days' written notice of each special meeting. The Authority shall employ an attorney and provide for his compensation and shall employ such other employees as the Authority shall deem proper for the transaction of business and provide the compensation therefor. All such compensations shall be paid out of earnings of said Authority. Section 5. Only one member of the Chatham County Water and Sewer Authority shall be a member of the Chatham County Commissioners and Ex Officio Judges Thereof, the governing authority of said county. No other member of the Chatham County Water and Sewer Authority shall be eligible to hold an elective public office of the State, county or municipality unless first resigning as a member of the Authority. No person shall be eligible for appointment to the Chatham County Water and Sewer Authority who is serving in an elective public office of the State, county or a municipality except the one member shall be and is required to be a Chatham County Commissioner and Ex Officio Judge Thereof, the governing authority of Chatham County. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Page 4409

Notice. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced in the 1978 Session of the Georgia General Assembly, legislation to amend an Act creating the Chatham County Water and Sewer Authority to add an additional member to the board of said Authority and that said additional member shall be one of the Chatham County Commissioners, the governing authority of said county. This 26th day of January, 1978. /s/ Gordon B. Smith Assistant County Attorney Chatham County, 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/she 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 28, February 4 and February 11, 1978. /s/ Tom Taggart Representative, 125th District Sworn to and subscribed before me, this 23rd day of February, 1978. /s/ Susan Gordon Notary Public, Georgia, State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 24, 1978.

Page 4410

HARALSON COUNTYTREASURER'S SALARY. No. 1178 (House Bill No. 2040). AN ACT To amend an Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 863), an Act approved February 17, 1950 (Ga. Laws 1950, p. 2723), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3136), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2436), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2226), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2429), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4216), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), so as to change the compensation of the Treasurer of Haralson County; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing an annual salary for the Treasurer of Haralson County, approved August 16, 1915 (Ga. Laws 1915, p. 258), as amended by an Act approved March 27, 1941 (Ga. Laws 1941, p. 863), an Act approved February 17, 1950 (Ga. Laws 1950, p. 2723), an Act approved March 6, 1962 (Ga. Laws 1962, p. 3136), an Act approved March 24, 1965 (Ga. Laws 1965, p. 2436), an Act approved February 28, 1966 (Ga. Laws 1966, p. 2226), an Act approved March 28, 1969 (Ga. Laws 1969, p. 2429), an Act approved April 17, 1975 (Ga. Laws 1975, p. 4216), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2916), is hereby amended by striking from Section 1 the following: two thousand five hundred dollars ($2,500.00), and inserting in lieu thereof the following: three thousand one hundred dollars ($3,100.00), so that when so amended Section 1 shall read as follows:

Page 4411

Section 1. The compensation of the Treasurer of Haralson County shall be three thousand one hundred dollars ($3,100.00) 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 1978 session of the General Assembly of Georgia, a bill to change the compensation of the Treasurer of Haralson County; and for other purposes. This 2nd day of February, 1978. /s/ George A. Kimball Treasurer, Haralson County Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas B. Murphy, who, on oath, deposes and says that he is Representative from the 18th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Haralson County Tribune which is the official organ of Haralson County, on the following dates: February 9, 16 and 23, 1978. /s/ Thomas B. Murphy Representative, 18th District

Page 4412

Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 24, 1978. FRANKLIN COUNTYSMALL CLAIMS COURT. No. 1179 (House Bill No. 2041). AN ACT To create and establish a Small Claims Court in and for Franklin 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 for vacancies; to provide for qualifications of officers of said court; 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, oath, bond, removal and compensation; to provide for the service of summons of said court; to provide for liens; to provide for appeals; to provide for offices, courtrooms and materials; to provide for the procedure and practice in garnishments; to provide for the procedure and practice in issuing of executions; to provide for the filing of claims and pleas of illegality; to provide that service may be perfected by registered or certified mail; to provide the costs of court; to provide for contempt of said court and the penalty therefor; to provide for validating the acts of said court and the proceedings therein; to provide for severability; to repeal conflicting laws; and for other purposes.

Page 4413

Be it enacted by the General Assembly of Georgia: Section 1. There is hereby created and established a Small Claims Court in and for Franklin 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. (a) Any person appointed as a judge of the Small Claims Court created by this Act must be a resident of Franklin County, be at least twenty-two years of age, have a high school diploma or its recognized equivalent, and must be a person of outstanding character and integrity. (b) All other officers, now or hereafter provided, appointed to, or employed by, said court must be at least twenty-one years of age and must be residents of the county. Section 3. Whenever the judge of the Small Claims Court shall be unable, from absence, sickness, or other cause, to discharge any duty whatever appertaining to his office, the judge of the Superior Court of Franklin 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.

Page 4414

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 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. (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 $10.00. The cost of service

Page 4415

shall be advanced by the party demanding same, in addition to the filing fee hereinafter provided, and shall be taxed as other costs. (f) Upon the failure of the defendant to appear, the plaintiff shall be entitled to judgment by default, without further proof, when the claim of the plaintiff is for a liquidated amount. (g) 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 $15.00 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 $15.00. 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. (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 $15.00 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. (c) The amount of $2.50 of each fee or cost provided in subsections (a) and (b) above shall be placed in a fund to be used solely for the upkeep and replacement of the facilities, equipment and materials of the court as such are outlined in Section 19.

Page 4416

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. 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.

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Section 13. The judge of the Superior Court of Franklin 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 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.

Page 4418

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 Franklin County

Page 4419

Page 4420

Section 18. Within thirty days after this Act becomes of full force and effect, the Grand Jury of Franklin 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 Franklin 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. 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 the return of attachments and executions. A garnishee shall be required to file his answer not sooner than thirty days and not later than forty-five days after he is served with summons. Whenever a garnishee shall fail or refuse to answer as provided above, the judge may render a default judgment as provided in Code Section 46-508, 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. 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

Page 4421

affidavit or the attachment writ, as the case may be, or such entry of service in the case of attachment may be made on a separate paper and attached to the writ of attachment. Section 22. The judge of said court shall have the power to impose fines of not more than $10.00 on, or to imprison for not longer than twenty-four hours, any person guilty of contempt of court. Such fines shall be paid into the county treasury or depository to be used for county purposes. 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 $5.00. 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. Georgia, Franklin County. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to authorize the establishment of a Small Claims Court for Franklin County, Georgia.

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This 31st day of January, 1978. /s/ Mrs. Augusta H. White, Clerk Franklin County, Commissioner's Office Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Charles C. Mann, who, on oath, deposes and says that he/she is Representative from the 13th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Franklin County Citizen which is the official organ of Franklin County, on the following dates: February 2, 9 and 16, 1978. /s/ Charles C. Mann Representative, 13th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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MARION COUNTYTAX COMMISSIONER'S CLERK. No. 1180 (House Bill No. 2042). AN ACT To amend an Act consolidating the offices 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. Laws 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. Laws 1929, p. 664), an Act approved January 30, 1945 (Ga. Laws 1945, p. 526), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. Laws 1962, p. 2411), an Act approved February 27, 1970 (Ga. Laws 1970, p. 2220), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3484), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2937), so as to authorize the tax commissioner to hire a clerk; to provide for the compensation of said clerk; to provide for the duties and bond of said clerk; 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 in the County of Marion into the office of Tax Commissioner of Marion County, approved August 11, 1925 (Ga. Laws 1925, p. 702), as amended by an Act approved August 15, 1929 (Ga. Laws 1929, p. 664), an Act approved January 30, 1945 (Ga. Laws 1945, p. 526), an Act approved March 2, 1953 (Ga. Laws 1953, Jan.-Feb. Sess., p. 2805), an Act approved February 27, 1962 (Ga. Laws 1962, p. 2411), an Act approved February 27, 1970 (Ga. Laws 1970, p. 2220), an Act approved April 17, 1975 (Ga. Laws 1975, p. 3484), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2937), is hereby amended by striking Section 4A in its entirety and inserting in lieu thereof a new Section 4A, to read as follows: Section 4A. The Tax Commissioner of Marion County is hereby authorized to employ a competent clerk, and such clerk shall perform such duties as may be assigned to him or her by the tax commissioner. The compensation of the clerk shall be fixed by the tax commissioner with the approval of the governing authority and

Page 4424

paid in equal monthly installments from the general funds of Marion County, Georgia, or such other funds as allowed by law. The tax commissioner may require such clerk to make a good and sufficient bond, not to exceed five thousand dollars ($5,000.00), to faithfully account for monies received and for faithful performances of duties assigned by the tax commissioner. Section 2. All laws and parts of laws 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 1978 Session of the Georgia General Assembly an Act to provide for the employment and compensation of a clerk for the Tax Commissioner of Marion County, Georgia, to change the duties of said clerk, the bonding of said clerk and to repeal conflictive and/or similar provisions. This 9th day of January, 1978. /s/ 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/she 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: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ Ward Edwards Representative, 110th District

Page 4425

Sworn to and subscribed before me, this 23rd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. GLYNN COUNTYSHERIFF'S PERSONNEL, ETC. No. 1181 (House Bill No. 2043). AN ACT To amend an Act placing the Sheriff of Glynn County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3726), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3966), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4466), so as to authorize the employment and compensation of certain additional personnel by the sheriff; to change the provisions relating to the compensation of certain persons employed by the sheriff; to change certain provisions relating to car and mileage allowance for the sheriff and 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 Glynn County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2806), as amended, particularly by an Act approved April 17, 1975 (Ga. Laws 1975, p. 3726), an Act approved March 31, 1976 (Ga. Laws 1976, p. 3966), and an Act approved March 30, 1977 (Ga. Laws 1977, p. 4466), is hereby amended by adding at the end of Section 2 the following:

Page 4426

In addition to the personnel authorized above, the sheriff shall be authorized to appoint such additional personnel needed for the purpose of implementing any statutory or court ordered requirement relating to recreation or fresh air for prisoners in Glynn County, provided that such additional personnel shall be compensated out of county funds in an amount determined by the county governing authority., 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. 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. In addition to the personnel authorized above, the sheriff shall be authorized to appoint such additional personnel needed for the purpose of implementing any statutory or court ordered requirement relating to recreation or fresh air for prisoners in Glynn County, provided that such additional personnel shall be compensated out of county funds in an amount determined by the county governing authority. Section 2. Said Act is further amended by striking in its entirety subsection (2) of Section 2A, which reads as follows: (2) Subject to the provisions of subsection (3), the base annual salary of the persons employed by the sheriff shall 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,

Page 4427

and inserting in lieu thereof a new subsection (2), to read as follows: (2) Subject to the provisions of subsection (3), the base annual salary of the persons employed by the sheriff shall be fixed by the sheriff and shall be within the following amounts: chief deputy $ 12,000 to $ 15,000 1st senior deputy $ 9,600 to $ 12,200 2nd senior deputy $ 8,900 to $ 11,000 2 deputies $ 8,400 to $ 10,400 6 deputies, including the office deputy $ 7,500 to $ 9,200 chief jailer $ 7,500 to $ 9,000 9 additional jailers $ 7,200 to $ 8,800 5 matrons $ 5,400 to $ 6,600 clerk-typist $ 5,400 to $ 6,600 2 custodians $ 4,800 to $ 6,000 cook $ 3,600 to $ 4,800, provided that the amount so fixed by the sheriff for any such person shall not exceed by five percent (5%) the amount such person received in such position during the immediately preceding year unless the county governing authority approves such amount. Section 3. Said Act is further amended by striking in its entirety Section 2C, which reads as follows: Section 2C. The sheriff and each of his deputies, except the office deputy, shall each receive from county funds the sum of $2,100 per annum as a car allowance. Said sum shall be paid in monthly installments from the funds of Glynn County. On all official trips out of Glynn County or the State of Georgia, the sheriff or deputies shall be paid 12-1/2 per mile per round trip. The governing

Page 4428

authority of Glynn County may provide automobiles to the sheriff and the deputies who are entitled to a car allowance, and all expenses connected with such automobiles shall be paid from county funds. In the event automobiles are provided by the county, neither car allowance nor mileage shall be paid to the sheriff or deputies who are provided with such cars. The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoners and mental patients and the guards shall be paid at the rate of bailiff's per diem. All necessary expenses including room and meals shall be paid by the county governing authority out of the funds of Glynn County., and inserting in lieu thereof a new Section 2C, to read as follows: Section 2C. (1) The sheriff and each of his deputies, except the office deputy, may elect to receive monthly from county funds either: (a) a car allowance of $175 per month and a mileage allowance of 12 1/2 per mile on all official trips outside of Glynn County or the State of Georgia, or (b) a mileage allowance of 15 per mile on all official trips inside or outside of Glynn County or the State of Georgia. (2) The governing authority of Glynn County may provide automobiles to the sheriff and the deputies who are entitled to a car or mileage allowance, and all expenses connected with such automobiles shall be paid from county funds. In the event automobiles are provided by the county, neither car allowance nor mileage shall be paid to the sheriff or deputies who are provided with such cars. (3) The sheriff and deputies shall be furnished necessary guards for safety when transporting prisoners and mental patients and the guards shall be paid at the rate of bailiff's per diem. All necessary expenses including room and meals shall be paid by the county governing authority out of the funds of Glynn County. Section 4. This Act shall become effective on July 1, 1978. 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 1978 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 20th day of January, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District /s/ 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/she 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, 1978, February 2, 1978 and February 9, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

Page 4430

COMPENSATION OF COUNTY COMMISSIONERS IN CERTAIN COUNTIES (26,290-27,280). No. 1182 (House Bill No. 2044). AN ACT Providing for the compensation of the chairman and members of the board of commissioners of each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Census of 1970 or any future such census; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, in each county of this State having a population of not less than 26,290 and not more than 27,280 according to the United States Decennial Census of 1970 or any future such census the chairman of the board of commissioners shall be paid a salary of thirty-seven hundred dollars ($3,700.00) per annum and each of the other commissioners shall be paid a salary of twenty-eight hundred dollars ($2,800.00) per annum from the treasury of said county for their services as such commissioners. Such salaries shall be paid each member in monthly installments. 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 24, 1978.

Page 4431

CITY OF BYRONRECORDER'S COURT. No. 1183 (House Bill No. 2048). AN ACT To amend an Act creating and establishing a new charter for the City of Byron, approved February 13, 1941 (Ga. Laws 1941, p. 1210), as amended, so as to repeal the provisions relating to the mayor's court and to create a recorder's court for said city; to provide for the appointment of a judge; to provide for a bailiff; to provide for the convening of the court; to provide for jurisdiction and powers; to provide for appeals; to provide for rules of court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating and establishing a new charter for the City of Byron, approved February 13, 1941 (Ga. Laws 1941, p. 1210), as amended, is hereby amended by striking in their entirety Sections 23, 24, 25, 26 and 27 and inserting in lieu thereof the following: Section 23. Creation of Recorder's Court. (a) There is hereby established a court to be known as the Recorder's Court of the City of Byron which shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Byron and to punish for a violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all offenses within the territorial limits of the city constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. (b) (1) The city council shall appoint a person to serve as judge of the recorder's court and such judge shall preside over said court. No person shall be so appointed unless he is a resident

Page 4432

of the Macon or Houston Judicial Circuits; is a member in good standing of the State Bar of Georgia; and has been actively engaged in the practice of law, either as an attorney or as a judge, for at least two years preceding his appointment. Before entering on the duties of his office, the judge shall take an oath before the city clerk that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. The judge shall serve at the pleasure of the city council. (2) The bailiff of the recorder's court shall be appointed by the mayor, by and with the advice and consent of the city council. The duties of the bailiff shall consist generally of seeing that the courtroom is in proper condition for sessions of court, of assisting in keeping order while court is in session, and of doing such other acts of assistance as may be required of him by the judge of the court and the city clerk. Section 24. Convening. The recorder's court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 25. Jurisdiction; Powers. (a) The recorder's court shall try and punish for crimes against the City of Byron 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 $25.00. The recorder's court may fix punishment for offenses within its jurisdiction not exceeding a fine of $500.00 or imprisonment for 30 days, or both. As an alternative to fine or imprisonment, the recorder's court may sentence any offender upon conviction to labor in a city work gang or on the streets, sidewalks, squares or other public works for a period not exceeding 30 days. (b) The recorder's court shall have authority to establish a schedule of fees to defray the costs of operation and shall be entitled to reimbursement of the costs of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law.

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(c) The recorder's court shall have authority to establish bail and recognizances to insure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as surety for appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall on order of the judge be forfeited to the City of Byron or the property so deposited shall have a lien against it for the value forfeited, which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes. (d) The recorder's court shall have authority to bind prisoners over to the appropriate court when it appears by probable cause that a State law has been violated. (e) The recorder's court shall have authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The recorder's court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summons, subpoenas and warrants which may be served as executed by any officer as authorized by this charter or by State law. (g) The recorder's court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Byron 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 26. Appeal. The right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Peach 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

Page 4434

his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 27. Rules for Court. With the approval of the council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the recorder's court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure of the operation of the superior court under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection. Upon request, a copy shall be furnished to all defendants in recorder's court proceedings at least 48 hours prior to said proceedings. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act creating and establishing a new charter for the City of Byron, approved February 13, 1941 (Ga. Laws 1941, p. 1210), as amended; and for other purposes. /s/ 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/she is Representative from the 98th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Leader-Tribune which is the official organ of Peach County, on the following dates: February 9, 16 and 23, 1978. /s/ Bryant Culpepper Representative, 98th District

Page 4435

Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. GILMER COUNTYSALARY OF COUNTY COMMISSIONER, ETC. No. 1184 (House Bill No. 2049). AN ACT To amend an Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, so as to change the provisions relative to the compensation of the commissioner, the clerk of the commissioner and members of the advisory board; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a county commissioner of Gilmer County and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended, is hereby amended by striking from Section 3 the following: $11,500.00, and inserting in lieu thereof the following: $16,000.00,

Page 4436

so that when so amended Section 3 shall read as follows: Section 3. Be it further enacted by the authority aforesaid that the compensation of said commissioner shall be $16,000.00 per annum, payable monthly at the end of each month. Section 2. Said Act is further amended by striking Section 3B which reads as follows: Section 3B. The county commissioner shall have the authority to appoint a clerk and fix his compensation in an amount not to exceed three thousand ($3,000.00) dollars per annum, with the approval of the advisory board of Gilmer County. The clerk shall be paid in equal monthly installments from the funds of Gilmer County. It shall be within the sole power and authority of the county commissioner during his term of office to designate and name the person who shall be employed as such clerk and to prescribe his duties and assignments and to remove or replace such clerk at will and within his sole discretion., in its entirety. 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. The county commissioner shall have the authority to appoint a clerk and fix his compensation in an amount not to exceed $6,000.00 per annum, with the approval of the advisory board of Gilmer County. The clerk shall be paid in equal monthly installments from the funds of Gilmer County. It shall be within the sole power and authority of the county commissioner during his term of office to designate and name the person who shall be employed as such clerk and to prescribe his duties and assignments and to remove or replace such clerk at will and within his sole discretion. Section 4. Said Act is further amended by striking from Section 8 the following: ten ($10.00) dollars, and inserting in lieu thereof the following: $25.00,

Page 4437

so that when so amended Section 8 shall read as follows: Section 8. Be it further enacted that there be and there is hereby created an Advisory Board of Gilmer County, to consist of two (2) members to be known as Commissioners, to serve and act in conjunction with the County Commissioner of said county in the following matters only, to wit: in any and all matters where county funds are to be spent or obligated by contracts or otherwise. In performing these duties said Commissioners who make up said Advisory Board shall devote such time as is necessary, and shall be paid therefor the sum of $25.00 per day for each day served. They shall meet with the said County Commissioner on the first Tuesday of each month and the said County Commissioner shall be chairman of such meeting. Upon questions for determination, a majority vote of the three shall control. They shall not meet at any time during the month unless called by the said County Commissioner. Said Advisory Board shall have no jurisdiction or control over the affairs of said county heretofore delegated to said County Commissioner. They are to serve and act only in financial matters as above defined and specified. 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 1978 session of the General Assembly of Georgia, a bill to amend an Act creating a county commissioner and an advisory board of Gilmer County, approved February 23, 1943 (Ga. Laws 1943, p. 1021), as amended; and for other purposes. This 7th day of February, 1978. 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/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Times-Courier which is the official

Page 4438

organ of Gilmer County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. GILMER COUNTYCOMPENSATION OF DEPUTY CLERK OF SUPERIOR COURT. No. 1185 (House Bill No. 2050). AN ACT To amend an Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p. 4386), so as to change the provisions relative to the compensation of the deputy clerk; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act abolishing the fee system of compensation for the Clerk of the Superior Court of Gilmer County and providing a salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p. 4386), is hereby amended by striking from Section 4 the figure $5,200.00 and inserting in lieu thereof the figure $6,800.00, so that when so amended, Section 4 shall read as follows:

Page 4439

Section 4. The Clerk of the Superior Court shall have the authority to appoint a deputy clerk who shall receive an annual salary not exceeding $6,800.00, payable in equal monthly installments from county funds. The Clerk of the Superior Court shall be authorized to fix the compensation of such deputy clerk within the limitation herein provided. It shall be within the sole power and authority of the Clerk of the Superior Court, during his term of office, to designate and name the person who shall be employed as such deputy clerk and to prescribe his duties and assignments, and to remove or replace the deputy clerk at will and within his sole discretion. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act abolishing the fee system of compensation of the clerk of the superior court of Gilmer County and providing a salary for said officer, approved April 17, 1975 (Ga. Laws 1975, p. 4366); and for other purposes. This 7th day of February, 1978. 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/she is Representative from the 4th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Timer-Courier which is the official organ of Gilmer County, on the following dates: February 9, 1978, February 16, 1978 and February 23, 1978. /s/ Carlton Colwell Representative, 4th District Sworn to and subscribed before me, this 27th day of February, 1978.

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/s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981 (Seal). Approved March 24, 1978. GAINESVILLE DEVELOPMENT AUTHORITY. No. 1186 (House Bill No. 2055). AN ACT To create the Gainesville Redevelopment Authority; to establish said Authority as a public body corporate and politic and as an instrumentality of the State of Georgia; to provide for the membership of the Authority and the terms of its members; to authorize the Authority to exercise certain powers including the right and authority to acquire, construct, improve, alter, repair and maintain properties within Gainesville, Georgia, for the purpose of providing improvements, development and redevelopment for the public good and general welfare of urban, central business district and downtown areas located therein, to specify purposes and powers of the Authority; to define terms; 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 of such revenue bonds or other debts incurred by said Authority for the pledging of said revenues or other funds for such purposes; to authorize the execution of contracts, trust instruments, deeds to secure debt and the encumbrancing of the Authority's property to secure the payment of bonds, debts or other evidence of indebtedness; to provide rights for the holders of bonds or other debts of the Authority; to provide that the debts of the Authority shall not constitute debts of the State nor of any municipality

Page 4441

or political subdivision thereof; to make such bonds legal investments and exempt the same and the income therefrom and interest thereon and all property of the Authority from taxation; to authorize the issuance of refunding bonds; to provide for validation of bonds of the Authority and the security therefor; to provide for the severability of the provisions of this Act; to provide for an effective date; to repeal 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 Gainesville Redevelopment Authority which shall be an instrumentality and a public corporation of the State of Georgia. By that name, style, and title said Authority may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity. Section 2. Definitions. As used in this Act, the following words and terms shall have the meaning set forth hereinbelow: (a) The term Authority means the Authority created by this Act. (b) The term member means a member of the Authority established by this Act. (c) The term project means any undertaking of the Authority in connection with the redevelopment, revitalization or development of urban, central city or other areas within the project areas. Project shall also include the acquisition, leasing maintenance, construction, improvement or modification of any property, real or personal, which is suitable for, used for, or in connection with the redevelopment, development or revitalization of the central business district of Gainesville, Georgia. The term project shall not be limited to the foregoing, but shall include those undertakings or combination thereof which are permitted by its purposes and powers as hereinafter set forth. (d) The term undertaking shall specifically include those revenue-producing undertakings or combinations thereof contained in Georgia Code Annotated Section 87-802 (a), as it now exists or is

Page 4442

hereinafter amended; provided, however, at no time either by this Act or an amendment hereof shall the term undertaking include those undertakings or combinations thereof relating to the purchase or other acquisition of facilities for lease, sale or other conveyance to industries or as contained in subparagraph (11) of Georgia Code Annotated Section 87-802 (a), which states: The purchase of land and the construction thereon of facilities for lease to industries so as to relieve abnormal unemployment conditions because the acquisition of lands, properties and improvements for development, expansion and promotion of industry is encompassed within the term project as it relates to legislation pertaining to the Gainesville and Hall County Development Authority, as it now exists or is hereinafter amended. Projects of the Authority requiring capital expenditures must have prior approval of a majority of the Gainesville City Commissioners meeting at a regular or special meeting thereof. (e) The term project areas means those urban, central city, or other areas within the city limits of Gainesville, Georgia, selected by the Authority for redevelopment, development or improvement pursuant to the authorization and provisions set forth in this Act. (f) 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,

Page 4443

including the proceeds of any revenue bonds issued under provisions of this Act for such project or projects. (g) The terms revenue bonds and bonds shall mean any bonds of the Authority which are hereunder authorized to be issued, including refunding bonds, as though such revenue bonds had originally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1937, pp. 761, et seq.), as amended, and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for. (h) Any project or combination of projects shall be deemed self-liquidating if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including but not limited to, any revenues derived from Hall County, the United States of America, or the City of Gainesville, Georgia, under any contracts with the Authority, will be sufficient to pay the cost of operating and maintaining 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, projects, or combination thereof. 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 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 therefor. (b) It is further found, determined, and declared that all property of said Authority is hereby declared and shall in all respects be considered to be public property and title to such property shall be

Page 4444

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 or 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 Gainesville, Georgia, which promotion is hereby declared to be a public benefit 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 the following fifteen (15) voting members and one (1) ex officio member who shall be eligible to succeed themselves and whose terms of office as members of the Authority shall expire on the date shown following their names: Name Years 1. Ed Wayne 3 2. John Jacobs 3 3. Nan Mintz 3 4. Lorrey Schrage 3 5. Heyward Hosch 3 6. John Wiggington 2 7. Ray McRae 2 8. Lydia B. McCrary 2 9. Buford Battle 2 10. James Mathis 2 11. Allen Doveton 1 12. Rafe Banks 1 13. Jerry Robertson 1 14. Lou Fockele 1 15. Bill Slack 1 The ex officio member shall be the Mayor of the City of Gainesville. The ex officio member shall serve in an advisory capacity only, with no voting authority. (b) Appointments to fill vacancies on the Authority shall be accomplished by nomination by the Authority members of two (2)

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names for each vacancy. The Gainesville City Commissioners shall make the appointments, giving due consideration to the list of nominations by the Authority members; however, the City Commissioners shall not be limited to said list. Following the initial appointments to the Authority hereby made, all appointments shall be for three (3) year terms and shall be made in the same manner as set forth above. The appointment of any person selected to fill any unexpired term at any time shall be only for the remainder of such term. Nominations by the Authority and selection by the City Commissioners shall be made so that representation on the Authority shall always include at least the following: 1. Banks and Savings and Loan Associations Appropriate Representation 2. Merchants and Property Owners A minimum of 6 members 3. Communications (newspapers, radio TV) Appropriate Representation All members of the Authority must be the chief operating or executive officer of the business he or she represents unless he is a property owner. Every member of the Authority, or the business he represents, must have a strong financial interest in the City of Gainesville, Georgia. (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) Eight (8) 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

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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, bylaws 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 and permanent, as it may require. The members of the Authority shall be accountable in all respects as trustees, and the Authority shall keep suitable books and records of all its obligations, contracts, transactions, and undertakings, and of all income and receipts of every nature and all expenditures of every kind. Section 5. Powers of the Authority . The Authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions set forth in this Act including, but without limiting the generality of the foregoing, the power: (a) To sue and be sued; (b) To adopt and amend a corporate seal at pleasure; (c) To make contracts and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with private legal entities and others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; any such municipalities or political subdivision shall have and hereby is given the right and power to make such contracts, and all payments contracted to be paid by the municipalities or political subdivision to the Authority under such contract or contracts entered into pursuant to the provisions of this Act shall constitute general obligations of the municipality or political subdivision for the payment of which the full faith and credit of such municipality or 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 municipality or 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

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measure, whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year by such contract until all payments required under such contract have been paid in full, and such revenues shall be and hereby are unconditionally obligated to the payment of such sums. In the event for any reason any such provision or appropriation is not made, then the fiscal officers of such municipality or 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 municipality or 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 municipality or political subdivision and any other available funds thereof, and to obligate said municipality or 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 municipality or 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 or property of any kind from the United States of America, the State of

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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 municipality or political subdivision which has been acquired or damaged through the exercise of the right of eminent domain by said municipality or political subdivision; (m) To construct, acquire, own, repair, remodel, maintain, extend, improve and equip projects located on land owned or leased by the Authority, and to pay all or part of the cost of any such project from the proceeds of revenue bonds of the Authority or from any contribution or loans by persons, firms or corporations, or any other

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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 (Ga. Laws 1937, pp. 761, et seq.), 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 or taking 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 shall 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;

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(r) To have and 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 make loans of a temporary nature of surplus or accumulated funds; (u) To designate officers to sign and act for the Authority generally or on any specific matter; (v) 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; (w) Such additional powers as are set forth at Ga. Code Ann. Section 87-803 as it now exists or is hereafter amended, said powers being incorporated herein by reference. 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 mortgate of, all or any part of the project or projects financed in whole or in part with the proceeds of such bonds or with the proceeds of bonds called and refunded or to be called and refunded by such bond issue. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and

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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 taken in connection therewith such persons may not have held such offices. (d) All revenue bonds issued under the provisions of this Act shall have and are hereby declared to be negotiable under the laws of the State of Georgia, subject to provisions for registration. (e) The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

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(f) Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipt, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter. (g) The Authority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost. (h) Such revenue bonds may be issued without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, 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 Gainesville, Georgia, Hall County, the State of Georgia or any political subdivision thereof which may contract with said Authority. No contracts entered into by the Authority with any such political subdivision shall create a debt of such political subdivision of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such political subdivision may obligate itself to pay the payments required under such contracts, as herein set out, from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VI, 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

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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. 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 persons who, or any agency, bank or trust company which, shall act as trustee of such bonds and shall hold and apply the same to the purposes hereof, subject to each regulations as such resolutions or trust indentures may provide. Section 8. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues are 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

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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 otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued. Section 9. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished. Section 10. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and

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all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable. Section 11. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Hall County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions. Section 12. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law of the State of Georgia, as heretofore or hereafter amended. The petition for validation shall also make a party defendant to such action any municipality or 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 municipality, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, 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 rent, fees, tolls and charges for the services,

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facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the revenues of improvements, betterments or extensions thereto thereafter made. Section 15. Legal Investments. The bonds herein authorized are hereby made securities in which all public officers and bodies of this State and all political subdivisions, all insurance companies and associations, and other persons carrying on an insurance business, all banks, bankers, trust companies, savings banks, and savings associations, including savings and loan associations, building and loan associations, investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the State may properly and legally invest funds including capital in their control or belonging to them. The bonds are also hereby made securities which may be deposited with and shall be received by all public officers and bodies of this State and all political subdivisions for any purpose for which the deposit of the bonds or other obligations of this State is now or may hereafter be authorized. Section 16. Property Not Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any 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 derrogation of any powers now existing. Section 19. Severability. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions; and notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. Insofar as the provisions of this Act are inconsistent with the provisions of any other law, the provisions of this Act shall be controlling. Section 20. Effective Date. This Act shall be effective immediately upon approval of the Governor or upon its becoming law without his approval, without regard to the provisions of Ga. Laws 1958, p. 1364, as amended, codified in Ga. Code Ann. Section 102-111. Section 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 to the City of Gainesville shall introduce a Bill in the 1978 session of the General Assembly to create and establish the Gainesville Redevelopment Authority in Gainesville, Hall County, Georgia for the purpose of improving and redeveloping the central business district and downtown area of the City of Gainesville; to provide for the membership of the Authority, their appointment, terms and duties; to empower said Authority to execute leases and contracts, incur debt by promissory notes or the issuance of revenue bonds, acquire real and personal property; and pledge same to secure the payment of bonds or other indebtedness; collect rents and earnings and other revenue and expend same; and for other purposes.

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Joe T. Wood, who, on oath, deposes and says that he is Representative from the 9th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Gainesville Tribune which is the official organ of Hall County, on the following dates: February 8, 15 and 22, 1978. /s/ Joe T. Wood Representative, 9th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Susan Gordon Notary Public, Georgia State at Large. My Commission Expires Dec. 19, 1980. (Seal). Approved March 24, 1978. PAULDING COUNTYCOMPENSATION OF COMMISSIONERS. No. 1187 (House Bill No. 2057). AN ACT To amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), so as to change the provisions relating to compensation of the Chairman and other Commissioners; to provide for an annual local expense allowance for the Commissioners; 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 creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Laws 1975, p. 2916), is hereby amended by striking subsection (a) of Section 8, which reads as follows: (a) Commissioners, other than the Chairman, shall be paid as their entire compensation for services as same, the sum of $3,600.00 per annum, payable monthly, to be paid out of the County treasury upon warrants drawn upon the county treasury. The Chairman shall receive as his entire compensation for services as same the sum of $15,000.00 per annum, payable monthly, also to be paid out of the County treasury upon warrants drawn upon the County treasury. Except as otherwise provided by subsection (b) hereof, the salary so fixed shall constitute the entire compensation from all public sources to which said Chairman or either Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any other boards or authorities by virtue of their office., in its entirety, and inserting in lieu thereof the following: (a) The Chairman shall receive a salary of $20,000.00 per annum, payable monthly. The other Commissioners shall each receive a salary of $3,600.00 per annum, payable monthly, and shall also each receive a local expense allowance of $1,400.00 per annum, payable in equal monthly installments. All compensation provided for in this Section shall be paid from county funds. Except as otherwise provided in subsection (b) of this Section, the compensation provided herein shall constitute the entire compensation from all public sources to which the Chairman or either Commissioner shall be entitled. The Chairman and other Commissioners shall not be entitled to any further compensation for serving on any 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.

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Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia an Act to Amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. Law 1975, Page 2916), as heretofore amended, and for other purposes. /s/ Bill Cooper and Max Kaley, 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/she is Representative from the 19th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Dallas News Era which is the official organ of Paulding County, on the following dates: February 9, 16 and 23, 1978. /s/ Bill Cooper Representative, 19th District Sworn to and subscribed before me, this 24th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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MUNICIPAL COURT IN AND FOR CITY OF COLUMBUS AND MUSCOGEE COUNTYJUDGE'S SALARY. No. 1188 (House Bill No. 2058). 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. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378), so as to change the compensation of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act 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. Laws 1952, p. 2184), as amended, particularly by an Act approved March 23, 1977 (Ga. Laws 1977, p. 3378), is hereby amended by striking from Section 10 the following: $20,500, and inserting in lieu thereof the following: $22,500, so that when so amended, Section 10 shall read as follows: Section 10. The salary of the judge of said court shall be $22,500 per annum and shall be paid in equal monthly installments from the funds of Muscogee County. Section 2. This Act shall become effective on July 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. Columbus, Georgia. Notice is hereby given that there will be introduced at the 1978 Session of the General Assembly of Georgia, a bill so as to change the salary of the Judge of the Municipal Court of Columbus, Georgia to be effective as of July 1, 1978, to repeal conflicting laws and for other purposes. This the 6th day of February, 1978. /s/ 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/she is Representative from the 95th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Columbus Ledger which is the official organ of Muscogee County, on the following dates: February 10, 17 and 20, 1978. /s/ Thomas B. Buck, III Representative, 95th District Sworn to and subscribed before me, this 23rd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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LAURENS COUNTYPROBATE JUDGE'S SALARY. No. 1189 (House Bill No. 2059). AN ACT To amend an Act placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. Laws 1971, p. 2622), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2807), so as to change the compensation of the probate court 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 placing the Probate Court Judge of Laurens County on an annual salary in lieu of fees, approved March 30, 1971 (Ga. Laws 1971, p. 2622), an Act approved April 19, 1973 (Ga. Laws 1973, p. 3942), and an Act approved March 4, 1977 (Ga. Laws 1977, p. 2807), is hereby amended by striking from Section 1 the following: $13,000.00, and inserting in lieu thereof the following: $14,300.00, 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 Probate Court Judge of Laurens County, known as the fee system, is hereby abolished and in lieu thereof the probate court judge shall receive a salary of $14,300.00 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 probate court judge, regardless of in what capacity said services for such fees, costs, fines, forfeitures, commissions, emoluments or perquisites were rendered.

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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 a bill will be introduced during the 1978 session of the Georgia General Assembly to alter the compensation of the Probate Judge of Laurens County. /s/ J. Roy Rowland Representative, 119th District 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/she is Representative from the 119th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Laurens County News which is the official organ of Laurens County, on the following dates: February 8, 15 and 22, 1978. /s/ J. Roy Rowland Representative, 119th District Sworn to and subscribed before me, this 27th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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CITY OF BRUNSWICKRECORDER. No. 1190 (House Bill No. 2069). AN ACT To amend an Act amending the charter of the City of Brunswick, approved August 11, 1920 (Ga. Laws 1920, p. 757), as amended, so as to change the residency requirements of the recorder of the police court; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act amending the charter of the City of Brunswick, approved August 11, 1920 (Ga. Laws 1920, p. 757), as amended, is hereby amended by striking the third sentence of Section 22, relating to the police court and the judge thereof, which reads as follows: The Recorder shall be of good moral character, and shall have been a citizen of said city for at least one year preceding his election., and inserting in lieu thereof the following: The recorder shall be of good moral character and shall have been a resident of Glynn County for at least one year preceding his election. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to amend the Charter of the City of Brunswick, approved August 11, 1920 (Ga. Laws 1920, p. 757), as amended; and for other purposes.

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This 3rd day of February, 1978 /s/ James R. Tuten, Jr. Representative, 153rd 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/she 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: February 6, 1978, February 13, 1978 and February 20, 1978. /s/ James R. Tuten, Jr. Representative, 153rd District Sworn to and subscribed before me, this 22nd day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. MUNICIPAL COURT OF SAVANNAH ABOLISHED, REFERENDUM. No. 1191 (House Bill No. 2071). AN ACT To abolish the office of Associate Judge of the Municipal Court of Savannah; to abolish the Municipal Court of Savannah; to abolish the office of Senior Judge of the Municipal Court of Savannah;

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to transfer certain processes, cases, suits, books, papers, records, materials, indexes, property and personnel of the Municipal Court of Savannah to the State Court of Chatham County; to provide effective dates; to provide for a referendum; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Any other provision of law to the contrary notwithstanding, the office of Associate Judge of the Municipal Court of Savannah is hereby abolished effective at midnight on December 31, 1978. No person shall be elected to succeed the associate judge whose term of office expires on December 31, 1978. Section 2. Effective at midnight on December 31, 1978, the Municipal Court of Savannah is hereby abolished and the Act revising, altering and consolidating into a comprehensive Act all laws relating to the Municipal Court of Savannah, approved April 18, 1969 (Ga. Laws 1969, p. 2857), as amended, and all Acts amendatory thereto are hereby repealed as of said date. Section 3. All mesne and final processes for the Municipal Court of Savannah which have not been executed as of midnight on December 31, 1978, shall be returned to the State Court of Chatham County, Georgia. All cases and matters which are pending in said Municipal Court of Savannah on December 31, 1978, are hereby transferred to the State Court of Chatham County. All books, papers and records attaching to such actions and cases shall be transferred to the proper offices of the State Court of Chatham County, and in all other respects the State Court of Chatham County shall stand substitute for the Municipal Court of Savannah in all matters of every kind and nature, and all subsequent proceedings shall be the same as if such cases had been originally filed in the State Court of Chatham County. All books, records, indexes and property of any nature whatsoever shall be and become the property of the State Court of Chatham County on and after midnight of December 31, 1978. Nothing contained herein shall be construed to prohibit the State Court of Chatham County from transferring any pending cases transferred to it by the provisions of this Act to any other court of competent jurisdiction when such cases involve actions coming within the jurisdiction of such other courts as provided by the Constitution and laws of this State. All personnel of the

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Municipal Court of Savannah, except the judges thereof, are hereby transferred to the State Court of Chatham County and shall become employees of the State Court of Chatham County effective at midnight on December 31, 1978. Section 4 . 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 Chatham County to issue the call for an election for the purpose of submitting Sections 2 and 3 of this Act to the electors of Chatham County for approval or rejection. The superintendent shall set the date of such election for Tuesday, August 8, 1978. At least 29 days shall intervene between the date of the issuance of the call and the date of the election. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof, in the official organ of Chatham County. The ballot shall have written or printed thereon the words: [] YES [] NO Shall Sections 2 and 3 of the Act abolishing the municipal Court of Savannah and transferring all cases and records to the State Court of Chatham 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, Sections 2 and 3 shall become of full force and effect, otherwise it shall be void and of no force and effect. The expense of such election shall be borne by Chatham County. It shall be the duty of the superintendent to hold and conduct such election. it shall be his further duty to certify the result thereof to the Secretary of State. Section 5 . Section 1 of this Act shall become effective at midnight on December 31, 1978, in the event more than one-half of the electors of Chatham County voting in the referendum as provided in Section 4 do not approve Sections 2 and 3 of this Act.

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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 1978 session of the Georgia General Assembly, a bill to change and revise the laws pertaining to the Municipal Court of Savannah and for other purposes. This 30th day of January, 1978. /s/ Thomas R. Taggart Representative, 125th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Thomas R. Taggart, who, on oath, deposes and says that he/she is Representative from the 125th District, and that the attached copy of Notice of Intention Local Legislation was published in the Savannah News-Press which is the official organ of Chatham County, on the following dates: February 1, 8 and 15, 1978. /s/ Thomas R. Taggart Representative, 125th District Sworn to and subscribed before me, this 28th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978.

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CITY OF YOUNG HARRISNEW CHARTER. No. 1192 (House Bill No. 2072). AN ACT To grant a new charter to the City of Young Harris; to provide for the incorporation of such city; to provide for corporate boundaries; to provide for powers, duties and authority of the City of Young Harris and its officials, officers and employees; to provide for ordinances; to provide for a mayor and city council and their election, compensation and expenses, powers, duties and authority; to provide for filling vacancies; to provide for a mayor pro tem and his powers, duties and authority; to provide for meetings; to provide for a quorum; to provide for practices and procedures; to provide for codes; to provide for departments, boards, commissions and authorities; to provide for a city manager, city attorney, city clerk, city tax collector, city accountant and other employees; to provide for consolidation of functions; to provide for classifications and pay plans; to provide for personnel policies; to provide for a city court and the jurisdiction, judge, practices, procedures, appeals and rules connected therewith; to provide for elections; to provide for removal of elected officials; to provide for taxation and the practices and procedures connected therewith; to provide for service charges; to provide for assessments; to provide for bonds and notes; to provide for fiscal administration and budgets; to provide for contracts and purchases; to provide for official bonds; to provide for penalties; to provide for other matters relative to the foregoing; to repeal an Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: ARTICLE I INCORPORATION, POWERS Section 1.01. Incorporation. This Act shall constitute the whole charter of the City of Young Harris, repealing and replacing the charter provided by an Act of the General Assembly, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended. The City of Young Harris, Georgia, in the County of Towns, and the inhabitants

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thereof are hereby constituted and declared a body politic and corporate under the same name and style of Young Harris, Georgia, and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded in all the courts of law and equity and in all actions whatsoever and may have and use a common seal and change it at pleasure. Section 1.02. Corporate Boundaries. The corporate limits of said City of Young Harris shall extend one-half mile in every direction from the Young Harris College Chapel in said city and shall include all persons and property within the radius of that distance. Section 1.03. Specific Powers. The corporate powers of the government of the City of Young Harris, to be exercised by the governing authority, may include the following: (1) to levy and to provide for the assessment, valuation, revaluation and collection of taxes on all property subject to taxation; (2) to levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions; to license and regulate such privileges, occupations, trades and professions; and to provide for the manner and method of payment of such licenses and taxes; (3) to make appropriations for the support of the government of the city; to authorize the expenditure of money for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (4) to appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized by this charter or the laws of the State of Georgia; (5) to acquire, dispose of and hold in trust or otherwise any real, personal or mixed property in fee simple or lesser interest inside or outside the property limits of the city; (6) to accept or refuse gifts, donations, bequests or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

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(7) to condemn property, inside or outside the corporate limits of the city, for present or future use and for any corporate purpose deemed necessary by the governing authority, under Section 36-202 of the Code of Georgia, 1933, or under other applicable Public Acts as are or may be enacted; (8) to acquire, lease, construct, operate and maintain public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, gas works, electric light plants, transportation facilities, public airports and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, penalties and withdrawal of service for refusal or failure to pay same; and to fix the manner in which such remedies shall be enforced; the sale or disposal of any public utility shall be approved by a two-thirds' majority vote of the qualified voters of said city; (9) to grant franchises or make contracts for public utilities and public services not to exceed periods of thirty (30) years; and to prescribe the rates, fares, regulations, standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor insofar as not in conflict with such regulations by the Public Service Commission; (10) to lay out, open, extend, widen, narrow, establish, change the grade of, abandon, close, construct, pave, curb, gutter, adorn with shade trees or otherwise improve, maintain, repair, clean, prevent erosion of and light roads, alleys and walkways within the corporate limits of the city; (11) to grant franchises and rights-of-way throughtout the streets and roads and over the bridges and viaducts for the use of public utilities; (12) to provide for the acquisition, constructing, building, operation and maintenance of public ways, parks and playgrounds, recreational facilities, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals and charitable, cultural, educational, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities, and any other public improvements inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired

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by condemnation under Section 36-202 of the Code of Georgia, 1933, or other applicable Public Acts, as are or may be enacted; (13) to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) to regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas and heating and air-conditioning codes; to regulate all housing, building and building trades; to license all building trades; and to license the construction and erection of buildings and all other structures; (15) to provide for the prevention and punishment of riots and public disturbances; (16) to regulate or prohibit junk dealers; pawnshops; the manufacture, sale or transportation of intoxicating liquors and liquids; the use and sale of firearms; the transportation, storage and use of combustible, explosive and inflammable materials; the use of lighting and heating equipment; and any other business or situation which may be dangerous to persons or property; (17) to regulate and control the conduct of peddlers, itinerant trades, theatrical performances, exhibitions and shows of any kind whatever by taxation or otherwise; (18) to license, tax, regulate or prohibit professional fortunetelling 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;

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(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 punishments for violation thereof; (23) 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, aluminium, cardboard, paper and other recyclable materials and the sale of same; (24) to provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (25) to levy, fix, assess and collect a garbage, refuse and trash collection and disposal and other sanitary service tax, charge or fee for such services as may be necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the city and benefiting from such services; to enforce the payment of such charges, taxes or fees; and to provide for the manner and method of collecting such service charges, taxes or fees; (26) to levy a fee or charge a sewer tax as necessary to assure the acquiring, construction, equipping, operating, maintaining and extending of a sewage disposal plant and sewerage system; to levy on the users of sewers and the sewerage system a sewer service charge, fee or tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same; (27) to charge, impose and collect a sewer connection fee or fees and to charge the same from time to time, such fees to be levied on the users connecting with the sewerage system;

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(28) to define, regulate and prohibit any act, practice, conduct or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare and safety of the inhabitants of the city; and to provide for the enforcement of such standards; (29) to define a nuisance and provide for its abatement whether on public or private property; (30) to provide for the preservation and protection of property and equipment of the city; to provide for the use and administration of same by the public; and to prescribe penalties and punishment for violations thereof; (31) to establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing and housing, for the health, sanitation, cleanliness, 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 city court may work out such sentences in any public works or on the streets, roads, drains and squares in the city; and to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (33) to adopt ordinances and regulations for the prevention of loitering, disorderly conduct and disturbing the peace in the corporate limits of the city; to prohibit the playing of lotteries therein; and to prohibit or regulate by ordinance such other conduct and activities within the city which, while not constituting offenses against the laws of the State of Georgia, nevertheless are deemed by the governing authority to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof; (34) to regulate and license or prohibit the keeping or running at large of animals and fowl; to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for their disposition by sale, gift or humane destruction when not redeemed as provided by ordinance; and to provide punishment for violation 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 amount to be prescribed by ordinance; and to regulate and rent parking spaces in public ways for the use of such vehicles; (37) to provide and maintain a system of pensions and retirement for officers and employees of the city; (38) to levy and provide for the collection of special assessments to cover the costs of any public improvements; (39) to enter into contracts and agreements with other governmental entities and with private persons, firms and corporations providing for services to be furnished and payments to be made therefor; (40) to create, alter or abolish departments, boards, offices, commissions and agencies of the city and to confer upon such agencies the necessary and appropriate authority for carrying out all 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, good order and good government of the city; (42) to provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (43) to exercise the power of arrest through duly appointed policemen; (44) to establish procedures for determining and proclaiming that an emergency situation exists within or without the city and to

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make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health or well-being of the citizens of the city; (45) to establish and enforce zoning regulations; (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; to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the laws of the State of Georgia. No enumeration of particular powers in this charter shall be held to be exclusive of others nor restrictive of general words and phrases granting power but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. Section 1.04. General Powers. In addition to all other powers herein granted, the city shall be vested with any and all powers which municipal corporations are or may hereafter be authorized or required to exercise under the Constitution and laws of the State of Georgia as fully and completely as though such powers were specifically enumerated herein, and any and all powers which the city was heretofore authorized to exercise upon the effective date of this charter. Section 1.05. Construction. The powers of the city shall be construed liberally and in favor of the city. The specific mention or failure to mention particular powers in this charter shall not be construed as limiting in any way the general power of the city as stated in this charter. It is the intention hereof to grant the city full power and right to exercise all governmental authority necessary for the effective operation and conduct of the city and all of its affairs. Section 1.06. Exercise of Powers. All powers, functions, rights, privileges and immunities of the city, its officers, agencies or employees shall be carried into execution as provided by this charter. If this charter makes no provision, such powers, functions, rights,

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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 1.07. Prior Ordinances, Still Valid. All ordinances, bylaws, rules and regulations now in force in the City of Young Harris, not inconsistent with this charter, are hereby declared valid and of force until amended or repealed by the mayor and council. ARTICLE II LEGISLATIVE BODY Section 2.01. Creation and Composition of Legislative Body. The legislative authority of the government of the City of Young Harris, except as otherwise specifically provided in this charter, shall be vested in a city council to be composed of a mayor and six councilmen. The mayor and councilmen shall be elected in the manner provided by Article V of this charter. Section 2.02. Terms and Qualifications of Office. The members of the council shall serve for two years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilman unless: (1) he has been a resident of the City of Young Harris for a period of one year immediately prior to the date of the election of mayor or councilmen; (2) he continues to reside therein during his period of service; (3) he is registered and qualified to vote in municipal elections of the City of Young Harris; and (4) he meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. Section 2.03. Vacancy; Forfeiture of Office; Filling of Vacancies. (a) The office of mayor or councilman shall become vacant upon the incumbent's death, resignation, forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) The mayor or any councilman shall forfeit his office if he: (1) lacks at any time during his term of office any one or more of the qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) wilfully and knowingly violates any express prohibition of this charter; or (3) is convicted of a crime involving moral turpitude.

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(c) A vacancy in the office of mayor or councilman shall be filled for the remainder of the unexpired term, if any, as provided for in Article V of this charter. Section 2.04. Compensation and Expenses. The mayor shall receive as compensation for his services not more than $100.00 per month. The councilmen shall receive as compensation for their services not more than $100.00 per month. The mayor and council shall fix the salaries to be received by the mayor and each councilman for the succeeding year at their regular meeting in December of each year. The mayor and councilmen shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties of office. Section 2.05. Prohibitions. (a) Except as authorized by law, neither the mayor nor any councilman shall hold any other elective city office or city employment during the term for which he was elected. (b) Neither the mayor nor any councilman shall vote upon any question in which he is personally interested. Section 2.06. Inquiries and Investigations. The council may make inquiries and investigations into the affairs of the city and the conduct of any department, office or agency thereof and for this purpose the council may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be punished as prescribed by ordinance. Section 2.07. General Power and Authority of the Council. (a) Except as otherwise provided by law or by this charter, the council shall be vested with all of the powers of government of the City of Young Harris as provided by Article I. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules and regulations not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient or helpful for the peace, good order, protection of life or property, health, welfare, sanitation, comfort, convenience, prosperity or well-being

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of the inhabitants of the City of Young Harris and may enforce such ordinances by imposing penalties for violation thereof. Section 2.08. Chief Executive Officer. The mayor shall be the chief executive officer of the City of Young Harris. He shall possess, have and exercise all of the executive and administrative powers granted to him under the Constitution, laws of the State of Georgia and this charter. Section 2.09. Duties of Mayor. The mayor shall: (a) preside at all meetings of the city council; (b) be the official head of the city for the service of process and for ceremonial purposes; (c) have power to administer oaths and to take affidavits; (d) sign all written contracts entered into by the council on behalf of the city and all other contracts and instruments executed by the city which by law are required to be in writing; (e) see that all laws and ordinances of the city are faithfully executed; (f) have the power to suspend all officers, department heads and employees of the city, the suspension to be subject to a hearing at the next regular or special council meeting following the suspension; (g) exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (h) submit to the council at least once a year a statement covering the financial condition of the city and from time to time such other information as the council may request; (i) recommend to the council such measures relative to the affairs of the city, improvement of the government and promotion of the welfare of its inhabitants as he may deem expedient;

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(j) call special meetings of the council as provided for in Section 2.12 of this charter; (k) examine and audit all accounts of the city before payment; (l) require any department or agency of the city to submit written reports in connection with the affairs thereof whenever he deems it expedient; (m) have the power to veto any action taken by the council unless said action was approved by a two-thirds' vote of the council; provided, however, that this veto power shall not apply to the introduction and adoption of ordinances; (n) perform other duties as may be required by law, this charter or ordinance. Section 2.10. Mayor Pro Tem. During the absence or disability of the mayor for any cause, the mayor pro tem, or in his absence or disability for any reason any one of the councilmen chosen by the council, shall be clothed with all the rights and privileges of the mayor and shall perform the duties of the office of the mayor so long as such absence or disability shall continue. Section 2.11. Organization Meeting. (a) The new mayor and council shall conduct an organizational meeting on the first Tuesday after the first Monday in January. The meeting shall be called to order by the city clerk, and the oath of office shall be administered to the newly elected mayor and councilmen as follows: I do solemnly swear or affirm that I will well and truly demean myself as mayor (or councilman as the case may be) of the City of Young Harris for the ensuing term, and that I will faithfully uphold the Constitution of the United States and of the State of Georgia, enforce the charter and ordinances of the City of Young Harris to the best of my skill and ability, without fear or favor; so help me God. (b) Following the swearing in of new members, the mayor and council by a majority vote shall elect one of the councilmen to serve as mayor pro tem for a term of one year and until his successor is elected and qualified.

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Section 2.12. Regular and Special Meetings. (a) The council shall hold regular meetings at such times and places as prescribed by ordinance. The council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the council may be held on call of the mayor or four members of the council. Notice of such special meeting shall be served on all other members personally, or by telephone personally, or shall be left at their residences at a reasonable time in advance of the meeting. Such notice shall not be required if the mayor and all councilmen are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver and 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 a special meeting. (c) All meetings of the council shall be public. Section 2.13. Rules of Procedure. The council shall adopt its rules of procedure and order of business consistent with the provisions of this charter and shall provide for the keeping of a journal of its proceedings, which journal shall be a public record. Section 2.14. Quorum, Voting. Four councilmen shall constitute a quorum and shall be authorized to transact business of the council. Voting on the adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal but any member of the council shall have the right to request a roll-call vote. The affirmative vote of four councilmen shall be required for the adoption of any ordinance, resolution or motion except as otherwise provided in this charter. Section 2.15. Action Requiring an Ordinance. (a) Except as herein provided, every official action of the council which is to become law shall be by ordinance. Each proposed ordinance or resolution shall be introduced in writing and in the form required for final adoption. No ordinance shall contain a subject which is not

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expressed in its title. The enacting clause shall be: The Council of the City of Young Harris hereby ordains... (b) An ordinance may be introduced by any member of the council and read at a regular or special meeting of the council. Ordinances shall be considered and adopted or rejected by the council in accordance with the rules which it shall establish; provided, however, that no ordinance, except an emergency ordinance, shall be adopted until the next regular meeting of the council following the meeting of its initial introduction. Section 2.16. Emergency Ordinances. To meet a public emergency affecting life, health, property or public peace, the council may adopt one or more emergency ordinances but such ordinances may not levy taxes, grant, renew or extend a franchise, regulate the rate charged by any public utility for its services or authorize the borrowing of money except as provided by law. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally except that it shall be plainly designated as an emergency ordinance and shall contain after the enacting clause a declaration stating that an emergency exists and describing the emergency in clear and specific terms. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced but the affirmative vote of at least four councilmen shall be required for adoption. It shall become effective upon adoption or at such later time as it may specify. Every emergency ordinance shall automatically stand repealed 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 2.17. Codes of Technical Regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. The procedure and requirements governing such adopting ordinance shall be as prescribed for ordinances generally except that a copy of each adopted code of technical regulations, as well as the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to Section 2.18 of this charter.

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Section 2.18. Signing, Authenticating, Recording; Printing; Codifying. (a) The city clerk shall authenticate by his signature and record in full in a properly indexed book kept for that purpose all ordinances adopted by the council. Every ordinance shall be signed by the mayor as a matter of course after adoption. (b) The council shall provide for the preparation of a general codification of all of the ordinances of the city. The general codification shall be adopted by the council by ordinance and shall be published promptly together with all amendments thereto, this charter and any amendments thereto and such codes of technical regulations and other rules and regulations as the city council may specify. This compilation shall be known and cited officially as The Code of the City of Young Harris, 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 fixed by the council. (c) The council shall cause each ordinance and each amendment to this charter to be printed following its adoption. Following publication of the first code of the City of Young Harris and at all times thereafter, the ordinances and charter amendments shall be printed in substantially the same style as the code currently in effect and shall be suitable in form for incorporation therein. The council shall make such further arrangements as deemed desirable with respect to reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III EXECUTIVE BRANCH Section 3.01. Administrative and Service Departments. (a) The council by ordinance may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city as it deems necessary for the proper administration of the affairs and government of the city. The council shall prescribe the functions and duties of existing departments, offices and agencies or of any departments, offices and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer, charge, add to or detract from the function or duties of offices, positions of employment, departments and agencies of the city.

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(b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the council. Each department shall consist of such offices, employees and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and councilmen. (c) Except as otherwise provided by this charter, the 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 prescribed by this charter for an original appointment. (d) Except as otherwise provided by law, the directors of departments and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications. (e) All appointed officers and directors of departments shall receive such compensation as prescribed by ordinance of the city council. Section 3.02. Boards, Commissions and Authorities. (a) All members of boards, commissions and authorities shall be appointed by the council for such terms of office and such manner of appointment as provided by ordinance except where other appointing authority, term of office or manner of appointment is prescribed by this charter or by applicable State law. (b) Any vacancy in office of any member of a board, commission or authority of the city shall be filled for the unexpired term in the manner prescribed herein for original appointment except as otherwise provided by this charter or any applicable State law. (c) No member of any board, commission or authority shall assume office until he shall have executed and filed with the city clerk the oath as follows: I do solemnly swear that I will well and truly perform the duties of (name office) of the City of Young Harris and that I will support and defend the charter thereof.

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(d) Any member of a board, commission or authority may be removed from office for cause by a vote of four members of the council. (e) Members of boards, commissions or authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (f) The qualifications required of members of boards, commissions and authorities shall be as prescribed by the mayor and councilmen. (g) Except as otherwise provided by this charter or by applicable State law, each board, commission or authority of the city government shall elect one of its members as chairman and one of its members as vice chairman for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. Each board, commission or authority of the city government may establish such bylaws, rules and regulations not inconsistent with this charter, ordinances of the city or applicable State law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the city clerk. Section 3.03. City Manager. The council may appoint a city manager. The duties and authority of the city manager shall be prescribed by ordinance of the council and, in so doing, the council may specifically delegate to the city manager any of the administrative or budgetary duties of the mayor. Section 3.04. City Attorney. The council shall appoint a city attorney, together with such assistant city attorneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required of him by virtue of his position as city attorney. Section 3.05. City Clerk. The council may appoint a city clerk to keep a journal of the proceedings of the city council, to maintain

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in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. Section 3.06. City Tax Collector. The council may appoint a city tax collector to collect all taxes, licenses, fees and other monies belonging to the city, subject to the provisions of this charter and the ordinances of the city. The city tax collector shall diligently comply with and enforce all general laws of Georgia relating to the collection, sale or foreclosure of taxes by municipalities. Section 3.07. City Accountant. The council may appoint a city accountant to perform the duties of an accountant. Section 3.08. Consolidation of Functions. The council may consolidate any two or more of the positions of city clerk, city tax collector and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. Section 3.09. Position Classification and Pay Plan. The council may prepare a position classification and pay plan. Said plans may apply to all employees of the City of Young Harris and to any of the city's agencies and offices. When a pay plan has been adopted, the council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. Section 3.10. Personnel Policies. The council may adopt rules and regulations consistent with this charter concerning: (1) the method of employee selection and probationary periods of employment; (2) the administration of the position classification and pay plan, methods of promotion and application of service ratings thereto and transfer of employees within the classification plan; (3) hours of work, vacation, sick leave and other leaves of absence, overtime pay and the order and manner in which layoff shall be effected; and (4) such other personnel policies as may be necessary to provide for adequate and systematic handling of the personnel affairs of the City of Young Harris.

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ARTICLE IV JUDICIAL BRANCH Section 4.01. Creation of City Court of Young Harris. There is hereby established a court to be known as the City Court of the City of Young Harris. Said court shall have jurisdiction and authority to try offenses against the laws and ordinances of the City of Young Harris and to punish for violation of the same. Such court shall have the power and authority to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish also any person who may counsel, advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; and to try all cases within the territorial limits of the city which under the laws of the State of Georgia are placed within the jurisdiction of police or municipal courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The city court shall be presided over by the judge of said court. Section 4.02. Judge. (a) The judge of the City Court of Young Harris shall be appointed by the council. (b) No person shall be qualified or eligible to serve as judge unless he shall have attained the age of 21 years. The judge shall serve at the discretion of the council. The compensation of the judge shall be fixed by the council. (c) Before entering on the duties of his office, the judge shall take an oath before the mayor that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. The oath shall be entered upon the minutes of the council. Section 4.03. Convening. The city court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. Section 4.04. Jurisdiction; Power. (a) The City Court of Young Harris shall try and punish for crimes against the City of Young Harris and for violation of its ordinances. The court shall have the

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authority to punish those in its presence for contempt, provided that such punishment shall not exceed $100.00 or 30 days in jail. The court may fix punishment for offenses within its jurisdiction not exceeding a fine of $200.00 or imprisonment for 60 days, or both, 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 court shall have the authority to establish a schedule of fees to defray the cost of operation and shall be entitled to reimbursement for the cost of meals, transportation and caretaking of prisoners bound over to superior courts for violations of State law. (c) The 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 the 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 Young Harris 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 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 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 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.

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(g) The court is specifically vested with all of the jurisdiction and powers throughout the entire area of the City of Young Harris granted by State laws generally to mayor's, city, and police courts and particularly by such laws as to authorize the abatement of nuisances. Section 4.05. Appeal. The right to appeal and any bond as may be required to secure the costs on appeal to the Superior Court of Towns County from the City Court of Young Harris shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court; provided, however, that any person who fails to file his appeal within ten days of the date of his conviction shall be deemed to have waived any such right. An appeal to the superior court shall be a de novo proceeding. Section 4.06. Rules for Court. With the approval of the council, the judge shall have the full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the court; provided, however, that the council may adopt in part or in toto the rules and regulations relative to the procedure and the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for the 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 city court proceedings at least 48 hours prior to said proceedings. ARTICLE V ELECTIONS Section 5.01. Regular Elections. The mayor and councilmen serving on the effective date of this Act shall serve out the remainder of their terms of office. On the first Tuesday in December there shall be an election of three councilmen to serve a term of office of two years. Each year the term of three councilmen shall expire and three shall be elected to take their places. The mayor shall be elected at the regular election held on the first Tuesday in December of even-numbered years. The term of office of the mayor and members of the council shall begin at the day and hour of the taking of the oath of office as provided in Article II, Section 2.11 of this charter.

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Section 5.02. Qualifying, Nomination of Candidates, Absentee Ballots. The council may be 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 of the City of Young Harris. Section 5.03. Applicability of General Laws. The procedures and requirements for election of all elected officials in the City of Young Harris as to primary, special or general elections shall be in accordance with the provisions of the Georgia Municipal Election Code, as now or hereafter amended. Section 5.04. Special Elections, Vacancies. In the event that the office of mayor or councilman shall become vacant for any cause whatsoever, the council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, that if such vacancy occurs within six months of the expiration of the term of office, said vacancy in office shall be filled by appointment by the remaining members of the council. Both special elections and qualifications of candidates therefor shall conform to the applicable provisions of the Georgia Municipal Election Code and this charter, as now or hereafter amended. Section 5.05. Grounds for Removal of Elected Officials. The mayor or any councilman shall be subject to removal from office for any one or more of the following causes: (a) incompetence, misfeasance or malfeasance in office; (b) conviction of a crime involving moral turpitude; (c) failure at any time to possess any of the qualifications of office as provided by this charter or by law; (d) abandonment of office or neglect to perform the duties thereof; or (e) failure for any other cause to perform the duties of office as required by this charter or by law.

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Section 5.06. Procedure for Removal of Elected Officials. Removal of an elected official from office may be accomplished by one of the following methods: (a) By action of a two-thirds' vote of the entire membership of the council; provided, however, that if the officer sought to be removed is a member of the council, he shall not vote. In the event an elected officer is sought to be removed by action of the council, such officer shall be entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right to appeal from the decision of the council to the Superior Court of Towns 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 Towns County as provided by law. ARTICLE VI FINANCE AND FISCAL Section 6.01. Property Taxes. All property subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Young Harris. The council shall use the county assessment for the year in which the city taxes are to be levied and shall request the county to furnish appropriate information for such purpose. Section 6.02. Tax Levy. The council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purpose of raising revenues to defray the costs of operating the city government, providing governmental services or for any other public purposes as determined by the council. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Young Harris is hereby exempted from the provisions of Georgia Code Sections 92-4101 through 92-4104 inclusive. Section 6.03. Tax Due Dates and Tax Bills. The council shall provide by ordinance when the taxes of the city shall fall due, in

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what length of time said taxes may be paid, whether they may be paid in installments or in one lump sum and when, how and upon what terms such taxes shall be due and payable. The council may also authorize the voluntary payment of taxes prior to the time when due. Section 6.04. Collection of Delinquent Taxes. The council may provide by ordinance for the collection of delinquent taxes by fi. fa. issued by the city clerk or the city tax collector and executed by any police officer of the city under the same procedure provided by the laws governing execution of such process from the superior court or by the use of any other available legal processes and remedies. A lien shall exist against all property upon which the 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 hardships, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, assessments or on other amounts due to the city. Section 6.05. Licenses, Occupational Taxes, Excise Taxes. The council shall have full power to levy by ordinance such license and specific or occupation taxes upon the residents of the City of Young Harris both individual and corporate and on all those who transact or offer to transact business therein or who practice or offer to practice any profession or calling therein as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city; to classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful; to require such persons to procure licenses; to compel the payment of such licenses by execution or any other lawful manner; to make laws and regulations proper or necessary to carry out the powers herein conferred; and to prescribe penalties for the violation thereof. The council shall have full power and authority to levy an excise tax not prohibited by general law. Section 6.06. Sewer Service Charges. The council shall have the right, power and authority pursuant to ordinances adopted by the council to assess and collect fees, charges and tolls for sewer services rendered both within and without the corporate limits of the City of Young Harris to provide for the cost and expense of furnishing the collection and disposal of sewage through the sewerage facilities

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of the city. If unpaid, said sewer service charge shall constitute a lien against any property of persons served, which lien shall be second in priority only to liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.07. Sanitary and Health Services Charge. The council shall have authority to provide for, enforce, levy and collect by ordinance the cost of sanitary and health services necessary in the operation of the city from all individuals, firms and corporations residing in or doing business in the City of Young Harris and benefiting from such service. Such authority shall include the power to assess, levy and collect annual or monthly sanitary taxes or fees in such amount or amounts, based upon and in accordance with such classification of property and sanitary service or services provided, as may be fixed by ordinance. Said sanitary taxes and the assessment thereof shall be a charge and lien against the real estate in respect to which said taxes are so assessed and the owner or owners thereof. Said liens shall be superior to all other liens except for county and city property taxes and said lien shall be enforceable in the same manner and under the same remedies as a lien for city property taxes. Section 6.08. Special Assessments. The council shall have power and authority to assess against the abutting property owners all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains and appurtenances under such terms and conditions as may be prescribed by ordinance. Such special assessments shall become delinquent thirty (30) days after their due dates and shall thereupon be subject, in addition to fi. fa. charges, to a penalty of ten percent and shall thereafter be subject to interest at the rate of seven percent per annum from date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall be enforceable in the same manner and under the same remedies as provided for in this Article for city property taxes. Section 6.09. Transfer of Executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales

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and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fas., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under State or county ad valorem tax fi. fas. as said requirements now exist or as may be hereinafter provided by law. Section 6.10. General Obligation Bonds. The council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. Section 6.11. Revenue Bonds. Revenue bonds may be issued by the council as provided by an Act of the General Assembly of Georgia, approved March 31, 1937, and known as the Revenue Bond Law (Ga. Laws 1937, p. 761), as now or hereafter amended, or as provided by any other Georgia laws as now or hereafter provided. Section 6.12. Short-term Notes. Pursuant to applicable State law, the city may obtain temporary loans between January 1 and December 31 of each year. Section 6.13. Fiscal Year. The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, institution, agency and activity of the city government unless otherwise provided by State or federal law. Section 6.14. Preparation of Budgets. The council may provide by ordinance the procedures and requirements for the preparation and execution of an annual operating budget, a capital improvement program and a capital budget, including requirements as to the scope, content and form of such budgets and programs.

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Section 6.15. Property Tax Levies. The council shall levy by ordinance an annual tax on all real and personal property within the City of Young Harris. The tax rate set by such ordinance shall be such that reasonable estimates of revenues from such levy, together with other anticipated revenues, fund balances and applicable reserves, shall at least be sufficient to equal the total amount appropriated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the City of Young Harris. Section 6.16. Additional Appropriations. The council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at a special meeting called for the purpose; provided, however, that any such additional appropriations may be made only from an existing unappropriated surplus in the funds to which it applies. Section 6.17. Contracting Procedures. All contracts shall be made or authorized by the council and no contract shall bind the city unless reduced to writing and approved by the council. Section 6.18. Centralized Purchasing. (a) The council may by ordinance prescribe procedures for a system of centralized purchasing for the City of Young Harris. (b) The council may sell and convey any real or personal property owned or held by the City of Young Harris for governmental or other purposes at a public or private sale, with or without advertisement, for such consideration as the council shall deem equitable and just for the city. (c) The council may quitclaim any rights it may have in property not needed for public purposes upon report by the mayor and adoption of a resolution by the council, both finding that the property is not needed for public or other purposes and that the interest of the city has no readily ascertainable monetary value. (d) Whenever in opening, widening or extending any street, avenue, alley or public place of the city a small parcel or tract of land is cut off or separated by such work from a larger tract or boundary of land owned by the city, the council may authorize the mayor to execute and deliver in the name of the city a deed conveying

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said cut-off or separated parcel or tract of land to an abuting 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 shall convey all title and interest the city has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII GENERAL PROVISIONS Section 7.01. Official Bonds. The officers and employees, both elected and appointed, of the City of Young Harris shall execute such official bonds in such amounts and upon such terms and conditions as the council may from time to time require. Section 7.02. 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 sixty (60) days, or both. Section 7.03. Specific Repealer. An Act granting a new charter to the City of Young Harris, approved March 17, 1960 (Ga. Laws 1960, p. 2523), as amended, is hereby repealed in its entirety. Section 7.04. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that I shall introduce a bill in to the 1978 session of the General Assembly. Said bill shall be to replace the old charter of the city of Young Harris with a new charter for the city of Young Harris, Towns County, Georgia; describe the corporate limits; provided for municipal government; provide for municipal officials, their election or appointment, term of office, salary and duties; empower said municipality to levy and collect taxes and other revenue and expend same; and for other purposes.

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This 8th day of February, 1978. /s/ Ralph Twiggs, Representative from 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/she 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: February 10, 1978, February 17, 1978 and February 24, 1978. /s/ Ralph Twiggs Representative, 4th District Sworn to and subscribed before me, this 1st day of March, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. CITY OF ALBANYCORPORATE LIMITS. No. 1193 (House Bill No. 2077). AN ACT To amend the charter of the City of Albany (Ga. Laws 1923, p. 370, et seq.), as amended from time to time, so as to add to the corporate limits of the City of Albany; 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 new charter for the City of Albany, approved August 18, 1923 (Ga. Laws 1923, p. 370, et seq.), as amended from time to time, is hereby further amended by adding at the end of Section 2 of said Act, entitled Corporate Limits, Wards, the following provision: In addition to the territory embraced within the present corporate limits of the City of Albany as above described, the following described property, including any property in said description which might presently be within the corporate limits of the City of Albany, shall likewise be embraced within the corporate limits of the City of Albany: TRACT 1. Beginning at the intersection of the line of the north side of Whitney Avenue projected east and the east right-of-way line of Old Radium Springs Road; thence run westerly along the line of the north side of Whitney Avenue projected east to the east low water line of Flint River; thence run southerly along the east low water line of Flint River to its intersection with the south line of Land Lot 267; thence run easterly along the south line of Land Lot 267 to the center line of State Highway 3; thence run northerly along the center line of State Highway 3 (New Radium Springs Road) to its intersection with the north line of Dixie Heights Subdivision as recorded in the public land records of Dougherty County on Page 73, Plat Book 1; thence run westerly along the north line of said Dixie Heights Subdivision and its extension west to the west right-of-way line of State Highway 3; thence run northerly along the west right-of-way line of State Highway 3 to a point which is nine hundred eighty-four and seven-tenths (984.7) feet north along the west right-of-way line of State Highway 3 from the intersection of said west right-of-way line with the northeasterly right-of-way line of Old Radium Springs Road; thence run south 86 degrees 3 minutes west to the east right-of-way line of Old Radium Springs Road; thence run northerly along the east right-of-way line of Old Radium Springs Road to the point of beginning.

Page 4500

TRACT 2. The west one-half of the right-of-way of South Mock Road between the northerly right-of-way line of the Seaboard Coast Line Railroad Company track from Albany to Waycross and the south line of a twenty (20) foot alley south of Tompkins Avenue. TRACT 3. The entire right-of-way of State Highway 3 (New Radium Springs Road) between the north line of Dixie Heights Subdivision as recorded in the public land records of Dougherty County on Page 73, Plat Book 1, extended west and the line of the north side of Whitney Avenue projected east across State Route 3. TRACT 4. The entire right-of-way of South Slappey Boulevard (Georgia Highway 91W) between the south line of Land Lots 361 and 376, First Land District of Dougherty County and a line two hundred ten (210) feet south of the south right-of-way line of Colquitt Avenue. TRACT 5. The north-northwesterly and the northerly one-half of the right-of-way of Gordon Avenue between the east land lot line of Land Lot 414, First Land District of Dougherty County and a line perpendicular to the south-southeasterly right-of-way line at a point on said right-of-way line two thousand fifty-six and thirty-seven hundredths (2,056.37) feet west and west-southwesterly measured along the southerly and south-southeasterly right-of-way line of Gordon Avenue from the intersection of said right-of-way line with the west right-of-way line of English Road. TRACT 6. The entire right-of-way of Dawson Road (Georgia Highway 50) between the east land lot line of Land Lot 40, Second Land District of Dougherty County and a line across Dawson Road running north and south from a point on the center line of Dawson Road three thousand four hundred five (3,405) feet northwest of the intersection of said center line and the south land lot line of Land Lot 1, Second Land District of Dougherty County.

Page 4501

TRACT 7. The entire right-of-way of Stuart Avenue between the east land lot line of Land Lot 40, Second Land District of Dougherty County, and a line originating from a point on the north land lot line of Land Lot 40 three hundred seventy-three and six-tenths (373.6) feet west of the east land lot line of Land Lot 40 running south 37 degrees 45 minutes west. Section 2. This amendment 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 1978 Session of the General Assembly of Georgia, a bill to extend the corporate limits of the City of Albany so as to include certain properties belonging to the Board of Regents of the University of Georgia, and certain properties belonging to the State of Georgia, including state highways. /s/ James V. Davis, City Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, R. S. Hutchinson, who, on oath, deposes and says that he/she is Representative from the 133rd District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the The Albany Herald which is the official organ of Dougherty County, on the following dates: January 23, 1978, January 30, 1978 and February 6, 1978. /s/ R. S. Hutchinson Representative, 133rd District

Page 4502

Sworn to and subscribed before me, this 1st day of March, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved March 24, 1978. BARTOW COUNTYCORONER'S COMPENSATION. No. 1276 (House Bill No. 1979). AN ACT To amend an Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3122), so as to change the compensation of the coroner; to authorize the payment of certain expenses by the county; to authorize the appointment of a deputy coroner; to provide for compensation and expenses of the deputy coroner; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the coroner of Bartow County upon an annual salary, approved March 17, 1960 (Ga. Laws 1960, p. 2731), as amended, particularly by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3122), 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) (1) The compensation of the coroner of Bartow County, which is now based on a fee system, is hereby abolished,

Page 4503

and the salary of the coroner of Bartow County shall be $200.00 per month. (2) In addition to the compensation provided in paragraph (1), the governing authority of Bartow County, in its reasonable discretion, may reimburse to the coroner all or any part of his expenses incurred with respect to his official duties. (3) All fees, commissions, costs and other perquisites collected by the coroner shall be the property of Bartow County and once each month shall be turned over to the fiscal authority of said county with a detailed, itemized statement showing the sources from which such fees, commissions, costs and other perquisites were collected. (b) The coroner is authorized to appoint a deputy coroner to serve at the discretion of the coroner. The compensation and expenses of the deputy coroner, if any, shall be determined within the reasonable discretion of the governing authority of Bartow County and shall be paid out of county funds. The deputy coroner shall meet the same qualifications required of the coroner. Section 2. This Act shall become effective on the first 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 1978 session of the General Assembly of Georgia, legislation to change the compensation of the Coroner of Bartow County, and for other purposes. This 21st day of January, 1978. /s/ Joe Frank Harris Representative, 8th District

Page 4504

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/she 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 2, 1978, February 9, 1978 and February 16, 1978. /s/ Joe Frank Harris Representative, 8th District Sworn to and subscribed before me, this 21st day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 3, 1978. RETIREMENT SYSTEMSACTUARIAL INVESTIGATIONS AND REPORTS IN CERTAIN MUNICIPALITIES (MORE THAN 150,000). No. 1310 (House Bill No. 1474). AN ACT To amend an Act providing that certain cities shall furnish retirement benefits to officers and employees of such cities, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, so as to require annual actuarial investigations and reports; to provide for the practices and procedures in connection therewith; to provide for the filing of copies of such actuarial investigations and reports; to repeal conflicting laws; and for other purposes.

Page 4505

Be it enacted by the General Assembly of Georgia: Section 1. An Act providing that certain cities shall furnish retirement benefits to officers and employees of such cities, approved August 20, 1927 (Ga. Laws 1927, p. 265), as amended, is hereby amended by adding, following Section 2, a new Section 2A, to read as follows: Section 2A. The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation each year. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the retirement system board of trustees shall attach a copy of all the provisions of the plan for the retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. The board of trustees of the retirement system shall file with the State Auditor a copy of each actuarial investigation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978.

Page 4506

FIREMEN'S RETIREMENT SYSTEMSACTUARIAL INVESTIGATIONS AND REPORTS IN CERTAIN MUNICIPALITIES (MORE THAN 150,000). No. 1311 (House Bill No. 1475). AN ACT To amend an Act providing a system of pensions and other benefits for members of paid fire departments of certain cities, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, so as to require annual actuarial investigations and reports; to provide for the practices and procedures in connection therewith; to provide for the filing of copies of such actuarial investigations and reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing a system of pensions and other benefits for members of paid fire departments of certain cities, approved August 13, 1924 (Ga. Laws 1924, p. 167), as amended, is hereby amended by adding, following Section 6 of said Act, a new Section 6A, to read as follows: Section 6A. The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation each year. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates of interest, mortality, disability, withdrawal and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the retirement system board of trustees shall attach a copy of all the provisions of the plan for the retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in

Page 4507

which the local retirement system is funded. The board of trustees of the retirement system shall file with the State Auditor a copy of each actuarial investigation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. POLICE RETIREMENT SYSTEMSACTUARIAL INVESTIGATIONS AND REPORTS IN CERTAIN MUNICIPALITIES (MORE THAN 150,000). No. 1312 (House Bill No. 1476). AN ACT To amend an Act providing for pensions for members of police departments in certain cities, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, so as to require annual actuarial investigations and reports; to provide for the practices and procedures in connection therewith; to provide for the filing of copies of such actuarial investigations and reports; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act providing for pensions for members of police departments in certain cities, approved February 15, 1933 (Ga. Laws 1933, p. 213), as amended, is hereby amended by adding, following Section 6, a new Section 6A, to read as follows: Section 6A. The board of trustees of this retirement system shall have the system's actuary make an actuarial investigation each year. Such actuarial investigation shall include the results of any actuarial investigation into the then current assumptions as to rates

Page 4508

of interest, mortality, disability, withdrawal and retirement. The actuarial investigation shall also include consideration of the experience of the retirement system under its assumptions and a comparison of results with the previous actuarial investigations and may also include such other studies as may be necessary or desirable for the completeness and accuracy of the actuarial investigation. The actuarial investigation shall also include a valuation of the contingent assets and liabilities of the retirement system and a determination of the payment necessary to amortize over a stated period any unfunded accrued liability disclosed. As an exhibit to the actuarial investigation, the retirement system board of trustees shall attach a copy of all the provisions of the plan for the retirement system, including the requirements and conditions for qualifying to participate, the nature of benefits under the plan, and the manner in which the local retirement system is funded. The board of trustees of the retirement system shall file with the State Auditor a copy of each actuarial investigation. Section 2. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 3, 1978. ACT PROVIDING PENSION SYSTEM FOR MEMBERS OF PAID FIRE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 1351 (House Bill No. 1515). AN ACT To amend the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 (Ga. Laws 1973, p. 2837) as disclosed by the United States Census of 1920, or any subsequent

Page 4509

census, shall furnish aid, relief and pensions to members of paid fire departments now in active service, and whose names are on the payroll of such department and to future members, and their dependents in specified cases, and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to provide pension benefits in lieu of like pension benefits provided by existing provisions; so as to provide increased pensions for certain officers and employees; to increase the amount of payment to be made by such officers and employees in the pension funds; to expand the duties and investment authority of the Board of Trustees; to provide for exemption of benefits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), as amended, providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 300,000 as disclosed by the United States Census of 1920, or any subsequent census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows: Section 1. The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth.

Page 4510

All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a normal monthly pension benefit, provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of fifty-five (55) years prior to commencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two percent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest thirty-six (36) months salary or earnings during the term of employment. In computing the average monthly earnings, if the officer or employee shall have received a lump sum payment for compensation, accumulated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as early monthly retirement benefit, provided such person shall have served fifteen (15) years in the active service of such city. When such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (1/2) of one percent (1%) per month for each month not to exceed sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age and one-fourth (1/4) of one percent (1%) per month for each month in excess of sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age.

Page 4511

Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer or employee may elect a monthly pension benefit, hereinafter referred to as a reduced monthly pension benefit, provided such person shall have served twenty-five (25) years and shall have attained the age of fifty (50) years. Said reduced monthly pension benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of three percent (3%) per month for each month the officer or employee lacks in being fifty-five (55) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, hereinafter referred to as a vested monthly pension benefit, as set forth below based upon the number of years of completed service: (1) Completion of fifteen (15) or more years of serviceA normal monthly pension benefit. (2) Completion of ten (10) or more years of serviceA normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of serviceOne-half (1/2) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer

Page 4512

or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (3/4) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as computed by the same formula as is used for computing a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary constituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensation Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retirement. However, the provisions of this paragraph shall not affect any cost of living adjustments as provided in subsection (G) of this Section, nor prevent the restoration of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such

Page 4513

compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability not in line of duty; three-fourths (3/4) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of duty; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Provided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provision of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner.

Page 4514

No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pensioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumulated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning: (1) Current Average Cost-Living Index. - The average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (2) Pensioner Base Index. - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner.

Page 4515

(3) Adjusted Pensioner Index. - The Pensioner Base Index, adjusted, on a cumulative basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) Annual Adjustment Date. - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index. Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the Current Average Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the benefits of a Pensioner or Beneficiary to an amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by this Act, as amended, or the sum of eight percent (8%) in the event such person does provide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment.

Page 4516

(I) In addition to the payments required to be made in subsection (H) above, any officer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a beneficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and credited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice those set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or after April 1, 1978, shall be twice the payment due as computed above. Any officer or employee electing to come under the provisions of this amendment within six (6) months subsequent to the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, without interest. Any officer or employee electing to come under the provisions of this amendment, subsequent to the expiration of six (6) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from October 1, 1978, to the date of such payment. The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified time period. The Board of Trustees shall require as a prerequisite

Page 4517

for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. To be eligible for such prior service credit, the officer or employee must have completed at least five (5) continuous years in the employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person for such prior service credit based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April 1, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by subsection (H) above, as to those persons then employed and electing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate

Page 4518

and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years commencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the governing authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determination by an independent actuarial valuation as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such ad valorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the total required employer contribution would be less than the contribution required of members by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendment shall be reduced and the required employer contributions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. (M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to

Page 4519

the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. The city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investigation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov.-Dec. Sess., p. 2305. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an actuarial review of the pension fund at periodic intervals of no more than five (5) years, commencing with the enactment of this amendment. The term independent actuary as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows: (1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full credit of the state.

Page 4520

(c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated in this state, to the extent that such investments are insured by the federal government or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof. (d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: (i) The corporation is listed, and has been listed for at least thirty-six (36) consecutive months, on any one or more of the recognized national stock exchanges in the United States;

Page 4521

(ii) The board shall not invest more than three percent (3%) of the assets of any funds in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggregate investment of any fund in any one issuing corporation shall not exceed three percent (3%) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds To Secure Debt on Georgia real property, insured or guaranteed by the federal housing administration or the Veteran's Administration. (f) Interest-bearing obligations of the International Bank for Reconstruction and Development or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidence of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (O) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such

Page 4522

spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a primary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and continue to make contributions for such beneficiaries, or should no qualified beneficiary exist, cease to make further contributions for beneficiaries, in which event contributions theretofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event of remarriage of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried. Any officer or employee coming under the provisions of this amendment either voluntarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a beneficiary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a

Page 4523

qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1%) of his total salary or earnings for all creditable service prior to the occurrence of such event. Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such officer or employee had a qualified beneficiary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (P) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (Q) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. (R) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment covered by this pension fund, the accumulated employee and employer contributions of such

Page 4524

officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement benefits payable to such officer or employee shall be the lesser of the service retirement payable under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved August 13, 1924 (Ga. Laws 1924, pp. 167, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1947, pp. 717, Sec. 4, approved March 26, 1947, relating to appeal by a certiorari. (b) Ga. Laws 1924, pp. 167, Sec. 9, approved August 13, 1924; Ga. Laws 1935, pp. 450, Sec. 5, approved March 28, 1935; Ga. Laws 1945, pp. 1080, Sec. 6, approved March 9, 1945; and Ga. Laws 1946, pp. 136, Sec. 2, approved January 31, 1946; said amendments relating to taxes on salaries of firemen, contributions, benefits for beneficiaries, restrictions upon same, and restrictions upon widows benefits. (c) Ga. Laws 1955, pp. 2051, Sec. 2, approved February 7, 1955, relating to requirements to participate in the pension plan. (d) Ga. Laws 1924, pp. 167, Sec. 2, approved August 13, 1924; and Ga. Laws 1947, pp. 717, Sec. 2, approved March 26, 1947; such amendments relating to years of service required for retirement. (e) Ga. Laws 1957, pp. 2854, Sec. 5, approved March 13, 1957, relating to credit for prior service.

Page 4525

(f) Ga. Laws 1945, pp. 1080, Sec. 4, approved March 9, 1945, relating to years of service and required age of retirement. (g) Ga. Laws 1947, pp. 717, Sec. 1, approved March 26, 1947, relating to transfer from one city department to another. (h) Ga. Laws 1951, pp. 529, Sec. 1, approved February 1, 1951; and Ga. Laws 1952, pp. 2566, Sec. 1, approved February 15, 1952; relating to rights of county firemen to transfer. (i) Ga. Laws 1943, pp. 560, Sec. 1, approved March 3, 1943; Ga. Laws 1956, pp. 3097, Sec. 1, approved March 6, 1956; Ga. Laws 1958, pp. 3015, Sec. 1, approved March 21, 1958; Ga. Laws 1946, pp. 136, Sec. 3, approved January 31, 1946; and Ga. Laws 1975, pp. 3177, Sec. 3, approved April 17, 1975; said amendments relating to credit for military service and service in the Korean Conflict. (j) Ga. Laws 1924, pp. 167, Sec. 4, approved August 13, 1924; Ga. Laws 1931, pp. 223, Sec. 1, approved August 24, 1931; Ga. Laws 1935, pp. 450, Sec. 1, approved March 28, 1935; Ga. Laws 1945, pp. 1080, Sec. 1, approved March 9, 1945; Ga. Laws 1947, pp. 717, Sec. 3, approved March 26, 1947; and Ga. Laws 1952, pp. 2566, Sec. 3, approved February 15, 1952; said amendments relating to benefits for officers and employees, retirement of officers and employees, benefits for beneficiaries, and increased benefits. (k) Ga. Laws 1972, pp. 3292, Sec. 1, approved April 3, 1972; relating to the designation of beneficiaries. (l) Ga. Laws 1931, pp. 223, Sec. 7, approved August 24, 1931; and Ga. Laws 1957, pp. 2854, Sec. 4, approved March 13, 1957; said amendments relating to benefits for officers and employees and limitations upon same. (m) Ga. Laws 1957, pp. 2854, Sec. 2, approved March 13, 1957; and Ga. Laws 1958, pp. 2399, Secs. 1, 2, approved March 17, 1958; said amendments relating to the computation of benefits for former employees and requirements to come under the pension plan.

Page 4526

(n) Ga. Laws 1925, pp. 194, Sec. 2, approved August 7, 1925; and Ga. Laws 1935, pp. 450, Sec. 7, approved March 28, 1935; said amendments relating to benefits for widows. (o) Ga. Laws 1955, pp. 2051, Sec. 3, approved February 7, 1955; Ga. Laws 1957, pp. 2854, Sec. 1, approved March 13, 1975; Ga. Laws 1973, pp. 2880, Sec. 1, approved April 17, 1973; Ga. Laws 1957, pp. 2854, Secs. 6, 10, approved March 13, 1957; said amendments relating to increased benefits for former officers and employees, disability benefits after ten (10) years of service, and the funds for the payments of benefits. (p) Ga. Laws 1946, pp. 136, Sec. 1, approved January 31, 1946; and Ga. Laws 1961, pp. 2629, Secs. 1-6, approved March 28, 1961; said amendments relating to continuation of pensions for widows and compensation to widows for death of an employee in line of duty. (q) Ga. Laws 1945, pp. 1080, Sec. 5, approved March 9, 1945; Ga. Laws 1955, pp. 2051, Sec. 4, approved February 7, 1955; Ga. Laws 1957, pp. 2854, Sec. 3, approved March 13, 1957; Ga. Laws 1958, pp. 2849, Sec. 1, approved March 21, 1958; Ga. Laws 1963, pp. 2563, Sec. 1, approved April 2, 1963; and Ga. Laws 1966, pp. 2996, Sec. 2, approved March 4, 1966; relating to refunds. (r) Ga. Laws 1955, pp. 2051, Sec. 1, approved February 7, 1955; Ga. Laws 1961, pp. 3373, Sec. 1, approved April 5, 1961; Ga. Laws 1964, pp. 2161, Sec. 1 with the exception of subsection (j), approved February 20, 1964; Ga. Laws 1965, pp. 3271, Sec. 1, approved April 6, 1965; Ga. Laws 1966, pp. 2996, Sec. 1 and Sec. 4, approved March 4, 1966 and Ga. Laws 1972, pp. 3375, Sec. 1, approved April 3, 1972; said amendments relating to new pension plans, increases of benefits, amendments to said plans, the counting of fractional parts of years, and changes in the computation of benefits. (s) Ga. Laws 1971, pp. 2937, Sec. 1, approved April 5, 1971; relating to vested pension rights after twenty (20) years of service. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

Page 4527

ACT PROVIDING PENSION FOR MEMBERS OF POLICE DEPARTMENTS IN CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 1352 (House Bill No. 1516). AN ACT To amend an Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing pensions for members of police departments in cities having a population of 300,000 (Ga. Laws 1973, p. 2832) or more according to United States Census of 1920, or any subsequent census thereof; requiring the furnishing of pensions to all officers and employees of such cities who have served for twenty-five (25) years, now in active service, whose names are on the payroll of the city, and to future members as specified; and for other purposes more fully set out in the captions of said Act, and the several Acts amendatory thereof, providing a system of pensions and other benefits in lieu of like pension benefits provided by existing provisions; so as to provide increased pensions for certain officers and employees; to increase the amount of payment to be made by such officer and employees into the pension funds; to expand the duties and investment authority of the Board of Trustees; to provide for exemption of benefits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), as amended, providing for pensions for members of police departments in cities having a population of 300,000 or more according to the United States Census of 1920, or any subsequent census thereof, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:

Page 4528

Section 1. The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a normal monthly pension benefit, provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of fifty-five (55) years prior to commencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two percent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall

Page 4529

be the average of the monthly earnings of the highest thirty-six (36) months salary or earnings during the term of employment. In computing the average monthly earnings, if the officer or employee shall have received a lump sum payment for compensation, accumulated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as early monthly retirement benefit, provided such person shall have served fifteen (15) years in the active service of such city. When such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (1/2) of one percent (1%) per month for each month not to exceed sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age and one-fourth (1/4) of one percent (1%) per month for each month in excess of sixty (60) months that the officer or employee lacks in being fifty-five (55) years of age. Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer or employee may elect a monthly pension benefit, hereinafter referred to as areduced monthly pension benefit, provided such person shall have served twenty-five (25) years and shall have attained the age of fifty (50) years. Said reduced monthly pension benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of three percent (3%) per month for each month the officer or employee lacks in being fifty-five (55) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to

Page 4530

terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, hereinafter referred to as a vested monthly pension benefit, as set forth below based upon the number of years of completed service: (1) Completion of fifteen (15) or more years of service A normal monthly pension benefit. (2) Completion of ten (10) or more years of service A normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of service One-half (1/2) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (3/4) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled

Page 4531

to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as computed by the same formula as is used for computing a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary constituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensation Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retirement. However, the provisions of this paragraph shall not affect any cost-of-living adjustments as provided in subsection (G) of this section, nor prevent the restoration of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability not in line of duty; three-fourths (3/4) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died.

Page 4532

Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of duty; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Provided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provisions of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner. No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pensioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumulated unused sick leave day shall be credited at the highest daily

Page 4533

rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning: (1) Current Average Cost-Living Index. - The average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (2) Pensioner Base Index. - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner. (3) Adjusted Pensioner Index. - The Pensioner Base Index, adjusted, on a cumulative basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment Date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) Annual Adjustment Date. - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a percentage equal to the difference between 100% and the

Page 4534

percentage representing the Current Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index. Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly reitement benefit due to changes in the Current Average Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the benefits of a Pensioner or Beneficiary to any amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by this Act, as amended, or the sum of eight percent (8%) in the event such person does provide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment. (I) In addition to the payments required to be made in subsection (H) above, any officer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a beneficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a Beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus

Page 4535

any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and credited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice those set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or after April 1, 1978, shall be twice the payment due as computed above. Any officer or employee electing to come under the provisions of this amendment within six (6) months subsequent to the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, without interest. Any officer or employee electing to come under the provisions of this amendment, subsequent to the expiration of six (6) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from October 1, 1978, to the date of such payment. The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified time period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. To be eligible for such prior service credit, the officer or employee must have completed at least five (5) continuous years in the

Page 4536

employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person for such prior service credit based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April 1, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by subsection (H) above, as to those persons then employed and electing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years commencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the governing authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determination by an independent actuarial valuation

Page 4537

as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such ad valorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the total required employer contribution would be less than the contribution required of members by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendment shall be reduced and the required employer contributions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. (M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. The city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investigation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then

Page 4538

either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov. - Dec. Sess. p. 2707. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an acturarial review of the pension fund at periodic intervals of no more than five (5) years, commencing with the enactment of this amendment. The term independent actuary as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows: (1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full credit of the state. (c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations

Page 4539

are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated in this state, to the extent that such investments are insured by the federal government or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof. (d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: (i) The corporation is listed, and has been listed for at least thirty-six (36) consecutive months, on any one or more of the recognized national stock exchanges in the United States; (ii) The board shall not invest more than three percent (3%) of the assets of any fund in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggregate investment of any fund in any one issuing corporation shall not exceed three percent (3%) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds To Secure Debt on Georgia real property, insured or guaranteed by the federal housing administration or the Veteran's Administration.

Page 4540

(f) Interest-bearing obligations of the International Bank for Reconstruction and Development or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the value of evidence of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (O) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a primary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary

Page 4541

should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and continue to make contributions for such beneficiaries, or should no qualified beneficiary exist, cease to make further contributions for beneficiaries, in which event contributions theretofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event of remarriage-of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried, or unless such child is less than twenty-three (23) years of age and enrolled as a full-time student at an accredited college or university and unmarried. Any officer or employee coming under the provisions of this amendment either voluntarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a beneficiary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1%) of his total salary or earnings for all creditable service prior to the occurrence of such event.

Page 4542

Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such officer or employee had a qualified beneficiary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (P) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (Q) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. (R) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment covered by this pension fund, the accumulated employee and employer contributions of such officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire

Page 4543

as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement benefits payable to such officer or employee shall be the lesser of the service retirement payable under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved February 15, 1933 (Ga. Laws 1933, pp. 213, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1933, pp. 213, Sec. 9, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 4, approved March 16, 1939; and Ga. Laws 1945, pp. 1067, Sec. 8, approved March 8, 1945; said amendments relating to contributions of officers and employees and benefits upon retirement. (b) Ga. Laws 1933, pp. 213, Sec. 2, approved February 15, 1933; Ga. Laws 1941, pp. 476, Sec. 1, approved March 24, 1941; and Ga. Laws 1947, pp. 675, Sec. 1, approved March 26, 1947; said amendments relating to retirement after twenty-five (25) years of service and to supernumeraries. (c) Ga. Laws 1957, pp. 3244, Sec. 5, approved March 13, 1957; relating to credit for prior service. (d) Ga. Laws 1945, pp. 1067, Sec. 1, approved March 8, 1945; and Ga. Laws 1952, pp. 2559, Sec. 4, approved February 15, 1952; said amendments relating to retirement requirements of twenty-five (25) years service and fifty-five (55) years of age. (e) Ga. Laws 1947, pp. 675, Sec. 5, approved March 26, 1947; Ga. Laws 1951, pp. 3057, Sec. 1, approved February 21, 1951; Ga. Laws 1952, pp. 2559, Sec. 1, approved February 15, 1952; Ga. Laws 1960, pp. 3205, Sec. 1, approved March 23, 1960; and Ga. Laws 1962, pp. 3193, Sec. 1, approved March 6, 1962; said amendments relating to credit for service of transferred employees,

Page 4544

beneficiary pension to dependents of transferred employees, and retirement age of transferred employees. (f) Ga. Laws 1956, pp. 3379, Sec. 1, approved March 9, 1956; Ga. Laws 1959, pp. 2635, Sec. 1, approved March 10, 1959; Ga. Laws 1975, pp. 3177, Sec. 2, approved April 17, 1975; and Ga. Laws 1945, pp. 1067, Sec. 6, approved March 8, 1945; said amendments relating to credit for military service and service in the Korean Conflict. (g) Ga. Laws 1957, pp. 3244, Sec. 6, approved March 13, 1957; relating to disability benefits after ten (10) years of service. (h) Ga. Laws 1933, pp. 213, Sec. 3, approved February 15, 1933; Ga. Laws 1945, pp. 1067, Sec. 2, approved March 8, 1945; Ga. Laws 1947, pp. 675, Sec. 3, approved March 26, 1947; and Ga. Laws 1952, pp. 2559, Sec. 3, approved February 15, 1952; said provisions relating to new pension plans, benefits for officers and employees and beneficiaries, and increased pension benefits. (i) Ga. Laws 1972, pp. 3172, approved March 27, 1972; relating to the designation of beneficiaries. (j) Ga. Laws 1933, pp. 213, Sec. 19, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 6, approved March 16, 1939; Ga. Laws 1961, pp. 2510, Sec. 1, approved March 28, 1961; Ga. Laws 1957, pp. 3244, Sec. 2, approved March 13, 1957; and Ga. Laws 1958, pp. 2890, Secs. 1, 2, approved March 21, 1958; said amendments relating to reduction and increase of benefits, recomputation of benefits for employees and former employees and requirements to come under pension plan. (k) Ga. Laws 1955, pp. 2046, Sec. 1 and Sec. 2, approved February 7, 1955; Ga. Laws 1957, pp. 3244, Sec. 1, 10, approved March 13, 1957; and Ga. Laws 1973, pp. 2882, Sec. 1, approved April 17, 1973; said amendments relating to increased benefits for present and former employees, and the funds for the payment of increased benefits. (l) Ga. Laws 1933, pp. 213, Sec. 21, approved February 15, 1933; Ga. Laws 1947, pp. 675, Sec. 4, approved March 26,

Page 4545

1947; and Ga. Laws 1955, pp. 2055, Sec. 1, approved February 7, 1955; said amendments relating to the continuation of pensions to beneficiaries, and benefits for beneficiaries. (m) Ga. Laws 1933, pp. 213, Sec. 13, approved February 15, 1933; Ga. Laws 1939, pp. 356, Sec. 3, approved March 16, 1939; Ga. Laws 1945, pp. 1067, Sec. 7, approved March 8, 1945; and Ga. Laws 1961, pp. 2481, Secs. 1-6, approved March 28, 1961; said amendments relating to benefits to widows, continuation of pensions to dependents, and dependents and compensation resulting from an employee being killed in line of duty. (n) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935; Ga. Laws 1945, pp. 1067, Sec. 10, approved March 8, 1945; Ga. Laws 1955, pp. 2055, Sec. 2, approved February 7, 1955; Ga. Laws 1957, pp. 3244, Sec. 3, approved March 13, 1957; Ga. Laws 1958, pp. 2979, Sec. 1, approved March 21, 1958; Ga. Laws 1963, pp. 2564, Sec. 1, approved April 2, 1963; and Ga. Laws 1966, pp. 3172, Sec. 2, approved March 4, 1966; relating to refunds. (o) Ga. Laws 1964, pp. 3001, Sec. 1, with the exception of subsection (k), approved March 18, 1964; Ga. Laws 1965, pp. 2112, Secs. 1-3, approved March 1, 1965; Ga. Laws 1966, pp. 3172, Sec. 1, approved March 4, 1966; and Ga. Laws 1972, pp. 3279, Sec. 1, approved March 31, 1972; said amendments relating to new pension plans, increased benefits and contributions of employees, the counting of fractional parts of a year, and the change in computation of benefits. (p) Ga. Laws 1971, pp. 2234, Sec. 1, approved March 29, 1971; relating to vested pension rights after twenty (20) years of service. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

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PENSION SYSTEM FOR OFFICERS AND EMPLOYEES OF CERTAIN MUNICIPALITIES AMENDED (MORE THAN 300,000). No. 1353 (House Bill No. 1517). AN ACT To amend the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to officers and employees of such cities and for other purposes set forth in the caption of said Act and the several Acts amendatory thereof; so as to provide pension benefits in lieu of like pension benefits provided by existing provisions; so as to provide increased pensions for certain officers and employees; to increase the amount of payment to be made by such officers and employees into the pension funds; to expand the duties and investment authority of the board of trustees; to provide for exemption of benefits from State, County and municipal taxes; to repeal specified prior amendments to said Act; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA; and it is hereby enacted by the authority of the same, that the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), as amended, providing that cities having a population of more than 300,000 (as provided in an amendment to said Act in Ga. Laws 1972, p. 3803, Section 1, approved April 13, 1972), according to the United States Decennial Census of 1970, or any such future census, shall furnish pensions to all officers and employees of such cities, and for other purposes, as amended, be and the same is hereby further amended, as follows:

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Section 1 . The pension benefits provided by this section and the several subsections hereof shall be in lieu of like pension benefits provided by the existing provisions of this Act. (A) Any officer or employee coming under the terms of this Act who is in the employment of the city prior to the effective date of this amendment may elect to come under the provisions of this amendment by making written application to the Board of Trustees. The applicant must agree in writing to accept the benefits and obligations of this amendment, in lieu of other pension benefits and obligations under this Act, as amended. All such officers and employees in the employment of the city on the effective date of this Act who do not in writing agree to accept the benefits and obligations of this amendment shall have their rights and obligations determined under the law as it existed prior to this amendment, even though such provisions of law are specifically repealed as hereinafter set forth. All regular officers or employees of the city, eligible for participation in this Act, as amended, who shall be elected or employed after the effective date of this Act, shall be required to come under provisions of this Act, as now amended, and shall have all rights and duties provided in the amended Act. Temporary and casual employees shall not be required to participate in this Act, as amended. (B) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive a monthly pension benefit hereinafter set forth and referred to hereinafter as a normal monthly pension benefit, provided such person shall have served fifteen (15) years in the active service of such city and shall have attained the age of sixty (60) years prior to commencement of such benefit. Upon such officer or employee retiring as a matter of right, such person shall be paid thereafter a normal monthly pension benefit equal to two percent (2%) of such person's average monthly earnings multiplied by the number of such person's years, or fraction thereof, of creditable service. Average monthly earnings shall be the average of the monthly earnings of the highest thirty-six (36) months salary or earnings during the term of employment. In computing the average monthly earnings, if the officer or employee shall

Page 4548

have received a lump sum payment for compensation, accumulated vacation, sick leave bonus pay, or similar benefits, the amounts of such payments shall be equally distributed over the period of time in which such compensation or benefit was earned or accumulated. (C) All officers and employees, who shall elect or be required to come under the terms of this amendment, may as a matter of right retire from active service and receive an early retirement benefit, hereinafter referred to as early monthly retirement benefit, provided such person shall have served fifteen (15) years in the active service of such city. When such officer or employee shall elect early retirement as a matter of right, such person shall be paid thereafter an early monthly retirement benefit equal to a normal monthly pension benefit less one-half (1/2) of one percent (1%) per month for each month not to exceed sixty (60) months that the officer or employee lacks in being sixty (60) years of age and one-fourth (1/4) of one percent (1%) per month for each month in excess of sixty (60) months that the officer or employee lacks in being sixty (60) years of age. Provided, however as to any officer or employee coming under the terms of this Act who was in the employment of such city prior to the effective date of this amendment, such officer or employee may elect a monthly pension benefit, hereinafter referred to as a reduced monthly pension benefit, provided such person shall have served twenty-five (25) years and shall have attained the age of fifty-five (55) years. Said reduced monthly pension benefit shall be equal to a normal monthly pension benefit less one-twelfth (1/12) of two percent (2%) per month for each month the officer or employee lacks in being sixty (60) years of age. (D) Whenever any officer or employee, electing to or having been required to come under the terms of this amendment, shall have completed at least five (5) years of active service with such city and not yet have reached the age of sixty (60) years, then such person shall have the right to terminate such person's employment with such city upon completion of said five (5) years, or any time thereafter; elect not to withdraw or have paid to such person the amount which said person would have paid into the pension fund prior to terminating such employment; and upon subsequently attaining sixty (60) years of age commence to receive at said time, and be paid thereafter a monthly pension benefit, hereinafter referred to as a vested monthly pension benefit, as set forth below based upon the number of years of completed service:

Page 4549

(1) Completion of fifteen (15) or more years of service A normal monthly pension benefit. (2) Completion of ten (10) or more years of service A normal monthly pension benefit decreased by ten percent (10%) per year for each year or fraction thereof which such completed service lacks being fifteen (15) years. (3) Completion of five (5) or more years of serviceOne-half (1/2) of a normal monthly pension benefit decreased by five percent (5%) per year for each year or fraction thereof which such completed service lacks being ten (10) years. Should such person have provided for the payment of a pension to a beneficiary, as authorized by said Act, as amended, by making the required payments or contribution to the pension fund, then after terminating the employment with such city, thereby electing to exercise such person's vesting rights, and upon the death of such officer or employee, either before or after attaining sixty (60) years of age, such beneficiary designated under the terms of this Act, as amended, shall be entitled to a beneficiary pension equal to three-fourths (3/4) of the amount the pensioner was receiving or such person would have received in accordance with the applicable provisions of this Act, as amended. (E) No department head who elects to come under the provisions of this Act shall be entitled to receive any emeritus salary as provided by the governing authorities of any city coming within the provisions of this Act. (F) All officers and employees, who shall elect or shall be required to come under the terms of this amendment, shall be entitled to all other benefits, as set forth in the relevant sections of this Act, as amended, prior to this amendment and which are not repealed by this amendment; provided, however, that partial pensions and pensions for total and permanent disability or death shall be computed by the same formula as is used for computing a normal monthly pension benefit in subsection (B) above; and provided further, that pension benefits for disability or death incurred in the line of duty shall be those as computed by the same formula as is used for computing

Page 4550

a normal monthly retirement pension benefit in subsection (B) above, or shall be a monthly pension equal to the amount such person would have been eligible to receive with thirty-five (35) years service, provided the average monthly earnings used in said computations shall not be less than the salary constituting the highest step in the salary range assigned to the job of such officer or employee immediately before such officer or employee becoming disabled or deceased, whichever pension benefit is greater. Provided further that pension benefits for disability incurred in the line of duty shall be reduced by the portion of compensation benefits payable under Workmen's Compensation Laws by such city so that the total benefits payable under this pension Act when combined with compensation benefits payable under Workmen's Compensation Laws shall not exceed one hundred percent (100%) of such employee's salary at the time of his retirement. However, the provisions of this paragraph shall not affect any cost-of-living adjustments as provided in subsection (G) of this Section, nor prevent the restoration of pension benefits payable as provided in the preceding paragraph upon the reduction or termination of any such compensation benefits payable under such Workmen's Compensation Laws by such city. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of retirement as a matter of right or because of total and permanent disability not in line of duty; three-fourths (3/4) of the amount such officer or employee would have been entitled to receive had such person exercised the right to retire prior to death; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death not in line of duty, had such person retired at such time rather than having died. Pensions for beneficiaries designated under the terms of this Act, as amended, shall be three-fourths (3/4) of the amount the pensioner was receiving, at the time of his death, as a result of total and permanent disability resulting from injuries received in line of duty; or three-fourths (3/4) of the amount such officer or employee would have been entitled to receive, at the time of such person's death in line of duty or from injuries received in line of duty, had such person retired at such time rather than having died.

Page 4551

The pension benefits for a primary beneficiary shall be continued to the secondary beneficiary, upon the death, or ineligibility for benefits, of the primary beneficiary. Provided however, if such primary beneficiary was not receiving the maximum beneficiary payment provided for in this Act because of any provision of this Act reducing such amount, such maximum beneficiary amount shall be paid to the secondary beneficiary, notwithstanding any lesser amount previously paid to the primary beneficiary. In no event shall the designated beneficiary receive less than that which such beneficiary would have been entitled to receive under this Act, as amended, prior to this amendment. Provided, further, that if said beneficiary, primary or secondary, receiving beneficiary service pension benefits as widow or widower of the pensioner, is more than five (5) years younger than the pensioner, there shall be deducted from such pension one-twelfth (1/12) of two percent (2%) per month for each month such beneficiary is more than five (5) years younger than the pensioner. No spouse, designated as a beneficiary, shall be entitled to receive any of said service pension benefits unless such spouse shall have been legally married to such officer or employee of such city for a period of one (1) year prior to the retirement of such pensioner. In determining all pensions of officers or employees referred to above, fractional parts of years of service shall be counted and accumulated annual sick leave days credited to such officer or employee shall be counted as provided for in the following paragraph. In determining creditable service, accumulated, unused sick leave days credited to such officer or employee shall be added as work days to the creditable service otherwise provided by this Act, as amended. In determining average monthly earnings, each accumulated unused sick leave day shall be credited at the highest daily rate of regular salary or earnings during the highest thirty-six (36) months' salary or earnings and all accumulated unused sick leave days shall be substituted for a like number of days at the lowest rate of regular salary or earnings during such highest thirty-six (36) months' salary or earnings during the term of employment. (G) Any person coming under the provisions of this amendment, either voluntarily or by compulsion, shall be entitled to Cost-of-Living adjustments as hereinafter set forth. As used herein, the following terms shall have the following meaning:

Page 4552

(1) Current Average Cost- Living Index. - The average of the monthly Consumer Price Index for the 12 month period from November 1 through October 31, prior to the Annual Adjustment Date, as determined by the Bureau of Labor Statistics of the United States Department of Labor for all items and major groups, United States city average. (2) Pensioner Base Index. - The average of the Consumer Price Index for the 12 month period ending two months prior to the date of retirement for any Participant who retires under the provisions of this amendment. In the event the base year used in computing the monthly Consumer Price Index should be changed by the Bureau of Labor Statistics, the Board of Trustees shall, with the advice of an independent actuary, adjust the Pensioner Base Index of each retired Pensioner and of each Pensioner or Beneficiary, with benefit payments commencing during the first year in which such change was made, so as to effect the original intent of this section in an equitable manner. (3) Adjusted Pensioner Index. - The Pensioner Base Index, adjusted, on a cumulative basis, for all percentage adjustments made in benefits prior to the current Annual Adjustment date. The adjusted Pensioner Index and the Pensioner Base Index shall be applicable to any Beneficiary becoming entitled to benefits under this amendment in the same manner as they would have been applicable to the Pensioner had such Pensioner continued in life. (4) Annual Adjustment Date. - January 1 of each year. The Board of Trustees shall ascertain the Current average Cost-of-Living Index as of January 1 each year, and the benefits being paid under this amendment shall be adjusted as of the Annual Adjustment Date as follows: If the Current Average Cost-of-Living Index is more than 100% of the Adjusted Pensioner Index, the benefit shall be increased by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by such person's Adjusted Pensioner Index. If the Current Average Cost-of-Living Index is less than 100% of the Adjusted Pensioner Index, such person's basic benefit shall be reduced by a percentage equal to the difference between 100% and the percentage representing the Current Average Cost-of-Living Index divided by his Adjusted Pensioner Index.

Page 4553

Notwithstanding the foregoing provisions of this subsection, no increase or decrease in the amount of the monthly retirement benefit due to changes in the Current Average Cost-of-Living Index, effective at any Annual Adjustment Date, shall be in excess of 3% of the amount of the monthly retirement benefit payable immediately prior to such date. Neither shall the provisions of this subsection be applied so as to reduce the amount of the benefits of a Pensioner or Beneficiary to an amount less than that to which such Pensioner or Beneficiary would be entitled to receive under the other provisions of this amendment. (H) There shall be deducted from the total salary of any officer or employee electing to come under this amendment the sum of seven percent (7%), in the event such person does not provide for payment of a pension to such person's beneficiary, as authorized by this Act, as amended, or the sum of eight percent (8%) in the event such person does provide for the continuance of a pension to such person's beneficiary. Like deductions shall be made from the salary of future employees required to come under this amendment. (I) In addition to the payments required to be made in subsection (H) above, any officer or employee who becomes a participant under this amendment shall be entitled to all benefits and receive credit for all the years, or fraction thereof, of such person's creditable service, provided such person shall pay into the fund the sum of six percent (6%) of such person's total salary or earnings, received by such person during the years claimed for such creditable service, if such person does not provide for the payment of a pension to a beneficiary; and the sum of seven percent (7%) of such person's total salary or earnings, received during the years claimed for such creditable service, if such person does provide for the payment of a pension to a beneficiary. Payments previously made to the pension fund, not exceeding the amount due to the fund, shall be deducted from the total amount due in arriving at the total payment due, plus any additional sums as may be required by the following provisions for prior service credits. If any part of the creditable service consists of prior service, as defined by this Act, as amended, which was allowed and credited prior to this amendment, the percentages of salary or earnings, used in computing the sum to be paid for such prior service credit shall be twice those set forth above, and shall constitute both the employee and employer contributions. Provided further that payment for any such creditable service rendered on or

Page 4554

after April 1, 1978, shall be twice the payment due as computed above. Any officer or employee electing to come under the provisions of this amendment within fifteen (15) months subsequent to the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, without interest. Any officer or employee electing to come under the provisions of this amendment, subsequent to the expiration of fifteen (15) months after the enactment of this amendment, shall have a period of sixty (60) months from the date of such election in which to pay all back pension contributions, as provided in this subsection, and shall be required to pay interest on said back pension contributions at the rate of seven percent (7%) per annum from July 1, 1979, to the date of such payment. The Board of Trustees is authorized to establish rules and regulations for extending the period in which back pension contributions may be paid provided that interest in the amount of seven percent (7%) per annum shall be added to any amounts not paid within the above specified period. The Board of Trustees shall require as a prerequisite for the granting of such extension an assignment of life insurance in an amount sufficient to cover the outstanding obligation. (J) Any officer or employee coming under the provisions of this amendment shall be entitled to all of the forms and types of prior service authorized under the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.) as amended, prior to this amendment. Provided, however, contributions for any such prior service shall be based on the salary or wages then being earned by such officer or employee as and when such person becomes eligible for such prior service and such is credited. To be eligible for such prior service credit, the officer or employee must have completed at least five (5) continuous years in the employment of the city, and must have filed, five (5) years prior thereto, an application with the Board of Trustees for such prior service credit. Thereafter prior service credit may be granted to such person eligible and continuing in the service of such city on a pay period basis (one year of prior service credit, not to exceed a maximum of ten (10) years, for each year such person continues in the service of such city) upon the payment of contributions by such person

Page 4555

for such prior service based on the wages or salary earned by such person at the time of such prior service being credited. The contributions to be paid by such officer or employee, herein referred to, shall be at the rates set forth in subsection (H) above, plus the rates of the employer's contribution set forth in subsection (L). (K) This section and the several subsections shall be effective as of April, 1978, except for the provisions of subsection (L) which shall be effective as of January 1, 1979. Payments required by sub-section (H) above, as to those persons then employed and electing to come under this amendment, shall commence on April 1, 1978. As to such persons subsequently coming into the service of such city or subsequently electing to participate under the terms of this amendment, said payments shall begin with the date of employment or date of such election. (L) In addition to the funds derived from deductions from salaries and wages, as required by subsection (H) of this amendment, it shall be the duty of the governing authority of such cities to appropriate and pay into the pension fund each year an amount which shall be equal to the actuarially determined percentage of members' salary and wages necessary to pay the normal cost contribution of benefits earned by members and to amortize the unfunded accrued liability of the pension fund within forty (40) years commencing January 1, 1979, after deducting contributions required of officers and employees required by subsection (H) of this amendment. For purposes of paying the required employer contributions provided above, the governing authority of such cities shall be authorized to levy ad valorem taxes payable to the pension fund sufficient to amortize the unfunded accrued liability under provisions of this amendment within forty (40) years commencing January 1, 1979, and upon the determination by an independent actuarial valuation as provided in subsection (M) below that such unfunded accrued liability has been amortized, such authorization to levy such advalorem taxes shall cease. Should said pension fund at any time be insufficient to meet and pay the pension due to such officers and employees, the governing authority shall appropriate from current funds amounts sufficient to make up the deficiency as it relates to the respective officers and employees and deposit same into said

Page 4556

pension fund. Should such actuarial valuation as provided in subsection (M) below result in a determination that the total required employer contribution would be less than the contribution required of members by subsection (H) of this amendment, then the contributions required of members by subsection (H) of this amendments shall be reduced and the required employer contributions in this subsection shall be increased so that the member contributions required by subsection (H) will not be greater than the required employer contributions under this subsection. Provided, however, commencing January 1, 1979, the required employer contribution shall be ten percent (10%) of the total salaries and wages of members of this pension fund. Commencing on January 1, 1980, and each January 1st thereafter the required employer contribution shall be increased by one percent (1%) of total salary and wages of members of this pension fund until such increase of one percent (1%) would exceed the actuarially determined contribution rate provided above and at such time and thereafter the required employer contribution rate shall be the actuarially determined employer contribution rate. Provided further that commencing January 1, 1979, the required employer contribution with respect to those members of this pension fund, who would otherwise be eligible for membership in the Teachers' Retirement System of Georgia and who do not elect to come under this amendment, shall be equal to the total employer contributions required by this Act, as amended, prior to this amendment until such members are admitted into membership withe the Teachers' Retirement System of Georgia or elect not to join the Teachers' Retirement System of Georgia when offered the opportunity to do so under a plan approved by the Board of Trustees of this pension fund, the Atlanta Board of Education and the City of Atlanta. When such members are admitted into membership with the Teachers' Retirement System of Georgia or elect not to join as provided above, the required employer contribution with respect to such members shall be as otherwise provided by this subsection, and with respect to such members who remain as members of this pension fund the employer shall pay the difference between the required employer contribution as otherwise provided in this subsection and the employer contribution actually made on behalf of such members.

Page 4557

(M) When any person covered by the provisions of this Act shall die as a result of injuries incurred in-the-line-of-duty, the compensation to which such person would have been entitled had such person continued in active service shall be continued for one (1) year by such city and paid to the primary beneficiary designated by such officer or employee. Any compensation received by the member due to said injury shall be deducted from the one (1) year's compensation herein provided for. At the expiration of the one (1) year period referred to above, the pension benefits due the beneficiary shall be computed in accordance with the provisions of this amendment. The pension benefits for a primary beneficiary shall be continued to the secondary beneficiaries upon the death or ineligibility of the primary beneficiary. The city employing any officer or employee coming under the provisions of this Act shall immediately notify the Board of Trustees upon the occurrence of the disability or death of any such officer or employee, and the Board of Trustees shall conduct an investigation within ninety (90) days of the date of the event which caused such disability or death. Thereafter, the Board of Trustees shall make a determination as to whether such disability or death was incurred in line of duty or not in line of duty. Should such city, or any person having an interest in said decision, disagree with such decision of the Board then either such city or such person may appeal from such decision in accordance with the procedure provided for in Ga. Laws 1953, Nov.-Dec. Sess. p. 2770. It shall also be the duty and responsibility of the Board of Trustees to employ an independent actuary to render an actuarial review of the pension fund at periodic intervals of no more than five (5) years, commencing with the enactment of this amendment. The term independent actuary as used herein means a fellow of the Society of Actuaries, or a member of the American Academy of Actuaries, or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries, or both. (N) In the event there should accumulate more funds than are needed for immediate use, the Board of Trustees shall be empowered to invest such excess funds as follows:

Page 4558

(1) Without limitation in: (a) Bonds, notes or other obligations of the United States or those guaranteed by the United States or for which the credit of the United States is pledged for the payment of the principal and interest or dividends thereof. (b) State bonds pledging the full faith and credit of the state and revenue bonds additionally secured by the full credit of the state. (c) Bonds of the several counties or municipalities in the state containing a pledge of the full faith and credit of the counties and municipalities involved. (d) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in the state, to the extent that such savings accounts are insured by the federal government or an agency thereof. (2) Not more than ten percent (10%) of such funds in: (a) Bonds, notes or obligations of any municipality or political subdivision or any agency or authority of this state, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (b) Savings accounts of any savings and loan association incorporated under the laws of this state or in savings accounts of any federal savings and loan association situated in this state, to the extent that such investments are insured by the federal government or an agency thereof. (c) Savings accounts in, or certificates of deposit of, any bank incorporated under the laws of this state or any national bank organized under the laws of the United States doing business and situated in this state, to the extent that such savings accounts are insured by the federal government or any agency thereof.

Page 4559

(d) Common stock, preferred stock, and interest-bearing obligations of a corporation having an option to convert into common stock, issued by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided: (i) The corporation is listed, and has been listed for at least thirty-six (36) consecutive months, on any one or more of the recognized national stock exchanges in the United States. (ii) The board shall not vest more than three percent (3%) of the assets of any fund in common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock of any one issuing corporation, and the aggregate investment of any fund in any one issuing corporation shall not exceed three percent (3%) of the outstanding capital stock of that corporation. (e) Notes secured by first liens of Deeds to Secure Debt on Georgia real property, insured or guaranteed by the Federal Housing Administration or the Veteran's Administration. (f) Interest-bearing obligations of the International Bank for Reconstruction and Development or the Inter-American Development Bank. (g) Group annuity contracts of an investment type issued by an insurance company authorized to do business in this state. (3) Not more than sixty-five percent (65%) of any fund, in interest-bearing obligations with a fixed maturity of any corporation within the United States, if such obligations are rated by at least two nationally recognized rating services in any one of the three highest classifications approved by the comptroller of the currency for the investment of the funds of national banks. However, if only one nationally recognized rating service shall rate such obligations, then such rating service must have rated such obligations in any one of the two highest classifications heretofore mentioned. (4) For the purpose of determining the above investment limitations, the value of bonds shall be the par value thereof, and the

Page 4560

value of evidence of ownership and interest-bearing obligations having an option to convert to ownership shall be the cost thereof. (O) Should an officer or employee in the employment of such cities transfer from a position of employment covered by another pension fund to a position of employment covered by this pension fund, the accumulated employee and employer contributions of such officer or employee paid to such other pension fund shall be transferred to this pension fund and such officer or employee shall be credited with all creditable service certified in such other pension fund as though such service had been rendered under this pension fund, provided, however, that should such officer or employee retire as a matter of right within three (3) years subsequent to the date of such transfer, the service retirement benefits payable to such officer or employee shall be the lesser of the service retirement payable under the provisions of this Act, as amended, or the provisions of the pension fund from which such officer or employee transferred. (P) Notwithstanding any other provisions of this Act, as amended, regarding the rights of officers or employees to designate beneficiaries of their pension benefits after their death, every male or female officer, coming under the provisions of this amendment, either voluntarily or by compulsion, having a spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall be compelled to make the necessary additional contributions in order to provide continued pension benefits for such spouse or unmarried child or children (natural or legally adopted) under the age of eighteen (18) years, and designated as beneficiaries. Nothing herein provided shall prevent an officer or employee from designating a primary beneficiary (spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age) and a secondary beneficiary (either spouse or unmarried child or children (natural or legally adopted) under eighteen (18) years of age and not named as primary beneficiary). If an officer or employee designates a beneficiary, and thereafter such beneficiary should cease to be qualified to receive a pension in the event of the member's death, then such officer or employee may at his or her option, designate some other beneficiary who does qualify for pension benefits under this amendment, and continue to make contributions for such beneficiaries, or should no qualified beneficiary exist,

Page 4561

cease to make further contributions for beneficiaries, in which event contributions theretofore made for the benefit of a beneficiary shall not be refunded except insofar as refunds may be allowed by other provisions of this Act, as amended. Should any officer or employee become eligible for a service pension and thereafter remain in the service of such city, then upon the death of such person, without having retired, the spouse of such person may apply for a beneficiary pension as provided for in this amendment, which shall continue for the life of such spouse except in the event or remarriage of such spouse. In the event of the death or disqualification of a spouse to receive such beneficiary pension, then the unmarried child or children (natural or legally adopted) under the age of eighteen (18) years shall succeed to the rights of such deceased or disqualified spouse, as above provided, and such beneficiary pension shall be continued to such child or children until the youngest living child shall reach the age of eighteen (18) years, die, or marry, whichever event should first occur. No child (natural or legally adopted) of such officer or employee shall be entitled to receive any benefits unless such child is less than eighteen (18) years of age and unmarried. Any officer or employee coming under the provisions of this amendment either voluntarily or by compulsion, who, at such time, has no qualified beneficiary, either spouse or unmarried child or children under eighteen (18) years of age, shall not be required to make the contributions necessary to provide for the continuation of pension benefits to a beneficiary. Provided, however, upon the occurrence of the event by which such officer or employee acquires a qualified beneficiary, then such officer or employee shall immediately commence making required contributions to provide benefits for such beneficiary and shall within a period of two (2) years thereafter, in addition to current requirements, pay into the pension fund one percent (1%) of his total salary or earnings for all creditable service prior to the occurrence of such event. Any officer or employee, electing to come under the provisions of this Act, who prior thereto had a qualified beneficiary but who had not made the contributions to provide for the payment of continued pension benefits to such beneficiary, shall be required to pay to the pension fund the amount of such beneficiary contributions for the number of years of service with such city and during which such

Page 4562

officer or employee had a qualified beneficiary, such payments to be at the rates and in the manner as set forth in subsection (I) hereof. In the event that a member dies after retirement, either before or after receiving retirement payments, the named beneficiary, or the member's estate in the absence of a named beneficiary, shall receive a refund in an amount equal to the amount such member paid into said pension fund less the total amount received by such member or beneficiaries in retirement benefits. (Q) The Board of Trustees may pool any amount of the funds administered by them with the funds of any other pension or retirement fund for other employees of such city for the purpose of joint investments. When such pooling occurs, the pooled trust funds shall be accounted for in accordance with generally accepted principles of accounting in order to maintain the separate accountability of such pension funds. The Board of Trustees may employ an independent investment counselor who shall advise them on the best and most appropriate portfolio of investments. (R) All funds created by this Act, as amended, and all pension benefits paid to any person under the provisions of this Act, as amended, shall be exempt from any State, County or municipal tax, notwithstanding that such benefits may be attributable in part to amounts paid by such cities to the Trustees of such fund for the account and benefit of such officers and employees of such city. Section 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3. Specific repealer. The following sections or amendments to the Act approved August 20, 1927 (Ga. Laws 1927, pp. 265, et seq.), are hereby specifically repealed; provided, however, such repeal shall not affect any rights of the officers and employees of such cities which have accrued and become vested under the provisions of such amendments: (a) Ga. Laws 1927, pp. 265, Sec. 5, approved August 20, 1927; Ga. Laws 1935, pp. 445, Sec. 2, Sec. 6, approved March 28, 1935; such amendments to said Act relating to contributions to be made by officers and employees.

Page 4563

(b) Ga. Laws 1927, pp. 265, Sec. 7, approved August 20, 1927, relating to objections to contributions. (c) Ga. Laws 1941, pp. 468, Sec. 5, approved March 27, 1941; Ga. Laws 1959, pp. 3114, Sec. 1, approved March 17, 1959, said amendments dealing with credit for prior service and contributions. (d) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935, relating to credit for prior service with such cities. (e) Ga. Laws 1941, pp. 468, that portion of Sec. 3 creating Sec. 11 of said Act of 1927, approved March 27, 1941, relating to credit for prior service with such cities and contributions; and Ga. Laws 1955, pp. 2822, Sec. 3, relating to the same subject matter. (f) Ga. Laws 1927, pp. 265, Sec. 2, approved August 20, 1927, relating to contributions. (g) Ga. Laws 1965, pp. 3256, Sec. 3, approved April 5, 1965, and Ga. Laws 1972, pp. 4125, Sec. 1 and 2, approved April 7, 1972, such amendments relating to pensions for officers and employees failing to be reelected or reappointed. Provided, however, the repeal of the foregoing amendments shall not apply to nor affect the rights of those officers and employees coming under the provisions of this Act and who are serving fixed terms on the effective date of this amendment. (h) Ga. Laws 1956, pp. 2990, Sec. 1, approved March 6, 1956, relating to transfer of rights under the Plan of Improvement which provision has expired by operation of law. (i) Ga. Laws 1953, Jan.-Feb. Sess., pp. 2824, Sec. 4, approved March 2, 1953, and Ga. Laws 1947, pp. 1635, Sec. 1, approved March 28, 1947, relating to the transfer of rights and transfer of officers and employees. (j) Ga. Laws 1965, pp. 2932, Sec. 1 and 2, approved March 30, 1965, relating to credit on the transfer of golf professionals.

Page 4564

(k) Ga. Laws 1945, pp. 999, Sec. 3, approved March 8, 1945; Ga. Laws 1951, pp. 3014, Sec. 1, approved February 21, 1951; Ga. Laws 1952, pp. 2765, Sec. 1, approved February 15, 1952, said amendments relating to credit for prior service and credit for prior service for transferred employees. (l) Ga. Laws 1956, pp. 2589, Sec. 1, approved February 27, 1956, relating to the transfer of employees to the government by which such employee was formerly employed. (m) Ga. Laws 1953, Jan.-Feb. Sess., pp. 2824, Sec. 1, 3, approved March 2, 1953, relating to the application of said Act to the Board of Education of the county and transfer of employees. (n) Ga. Laws 1945, pp. 999, that portion of Sec. 3 creating Sec. 35 of the 1927 Act, approved March 8, 1945, relating to age and service requirements for retirement. (o) Ga. Laws 1943, pp. 551, Sec. 6, approved March 19, 1943; Ga. Laws 1947, pp. 1635, Sec. 8, approved March 28, 1947; Ga. Laws 1956, pp. 3377, Sec. 2, approved March 9, 1956; Ga. Laws 1959, pp. 3088, Sec. 1, approved March 17, 1959; and Ga. Laws 1975, pp. 3177, Sec. 1, approved April 17, 1975; said amendments relating to credit for military service and the Korean conflict. (p) Ga. Laws 1957, pp. 3272, approved March 13, 1957; Ga. Laws 1961, pp. 2631, Sec. 1, approved March 28, 1961; Ga. Laws 1962, pp. 2893, Sec. 1, 2, approved March 3, 1962; Ga. Laws 1962, pp. 2965, Sec. 1-7, approved March 3, 1962; Ga. Laws 1964, pp. 2564, Sec. 1, 2, approved March 10, 1964, Ga. Laws 1965, pp. 3399, Sec. 1, 2, approved April 8, 1965, Ga. Laws 1966, pp. 2976, Sec. 2, approved March 2, 1966; and Ga. Laws 1966, pp. 3309, Sec. 2, approved March 7, 1966; Ga. Laws 1969, pp. 2625, Sec. 1, approved April 15, 1969; and Ga. Laws 1974, pp. 3540, subsections (1) and (2) of that enacted in Sec. 2, Sec. 3, and Sec. 4, approved March 28, 1974; said amendments relating to credit for prior service, credit for government service, and time of applying for prior service credit. (q) Ga. Laws 1964, pp. 2598, Sec. 2, 3, approved March 10, 1964; and Ga. Laws 1972, pp. 3170, Sec. 2, 3, approved March

Page 4565

27, 1972; said amendments relating to designation of beneficiaries. (r) Ga. Laws 1964, pp. 2598, Sec. 4, approved March 10, 1964, relating to contributions for beneficiaries. (s) Ga. Laws 1929, pp. 312, Sec. 1, approved August 27, 1929; Ga. Laws 1935, pp. 456, Sec. 1, approved March 28, 1935; Ga. Laws 1935, pp. 445, Sec. 8, approved March 28, 1935; Ga. Laws 1945, pp. 999, Sec. 7, approved March 8, 1945; Ga. Laws 1959, pp. 2633, Sec. 1, approved March 10, 1959; and Ga. Laws 1972, pp. 3150, Sec. 1, 2, approved March 27, 1972; said amendments relating to pension benefits for widows, the maximum amount to be paid to widows, and restrictions on the right of widows to receive pension benefits. (t) Ga. Laws 1927, pp. 265, Sec. 3, approved August 20, 1927; Ga. Laws 1935, pp. 445, Sec. 1, approved March 28, 1935; Ga. Laws 1947, pp. 1635, Sec. 3, approved March 28, 1947; Ga. Laws 1952, pp. 2765, Sec. 3, approved February 15, 1952; and Ga. Laws 1935, pp. 445, Sec. 1, approved March 28, 1935; said amendments relating to a standing committee of such cities to administer the pension funds, the maximum amount of benefits to be paid to the officers and employees, and the reduction of such benefits. (u) Ga. Laws 1935, pp. 445, Sec. 4, approved March 28, 1935; Ga. Laws 1941, pp. 468, Sec. 2, approved March 27, 1941; Ga. Laws 1945 pp. 998, Sec. 8, approved March 8, 1945; Ga. Laws 1952, pp. 2765, Sec. 4, approved February 15, 1952; Ga. Laws 1953, Nov.-Dec. Sess., pp. 2776, Sec. 4, approved December 21, 1953; and Ga. Laws 1957, pp. 3272, Sec. 3, approved March 13, 1957; said amendments relating to refunds. (v) Ga. Laws 1955, pp. 2057, Sec. 5, approved February 7, 1955; Ga. Laws 1957, pp. 3272, Sec. 1, 2, 10, approved March 13, 1957, Ga. Laws 1958, pp. 3019, Sec. 1, 2, approved March 21, 1958; Ga. Laws 1962, pp. 3015, Sec. 1, approved March 6, 1962, and Ga. Laws 1966, pp. 2976, Sec. 1, approved March 2, 1966; said sections relating to increased pension benefits for officers and employees and retired officers and employees, the payment of increased benefits, and the recomputation of benefits.

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(w) Ga. Laws 1962, pp. 3140, all of Sec. 1 with the exception of that part which creates subsection (i) of Sec. 1, approved March 6, 1962, such amendment providing a new pension plan with increased benefits and increased contributions. (x) Ga. Laws 1963, pp. 2903, Sec. 1, approved April 4, 1963, relating to refunds. (y) Ga. Laws 1964, pp. 3050, Sec. 1, approved March 18, 1964; Ga. Laws 1966, pp. 3106, Sec. 1, approved March 4, 1966; and Ga. Laws 1972, pp. 3374, Sec. 1, approved April 3, 1972; said amendments relating to the limitation of benefits, the providing of benefits for beneficiaries, and the computation of benefits. (z) Ga. Laws 1971, pp. 2939, Sec. 1, approved April 5, 1971, relating to vested rights after twenty (20) years of service with payment at age sixty-five (65). (aa) Ga. Laws 1973, pp. 2841, Sec. 1, 2, approved April 17, 1973, relating to the computation of benefits for disability and death in line of duty and one (1) year's compensation. (bb) Ga. Laws 1927, pp. 265, Sec. 11, approved August 20, 1927, effect on Workmen's Compensation laws. (cc) Ga. Laws 1973, pp. 2885, Sec. 1, 2, approved April 17, 1973, relating to increased benefits for pensioners. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 4, 1978.

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BRANTLEY COUNTYDEPUTY SHERIFFS, ETC. No. 1365 (House Bill No. 1851). AN ACT To amend an Act placing the Sheriff of Brantley County upon an annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, so as to change the provisions relating to the number of deputy sheriffs and their compensation; to change the provisions relating to automobiles; to provide for a secretary for the sheriff; to provide for the compensation, powers and duties of such secretary; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act placing the Sheriff of Brantley County upon an annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended, is hereby amended by striking from Section 8 of said Act, the following: one deputy sheriff, and inserting in lieu thereof the following: three deputy sheriffs, and by striking from said Section, the following: of said deputy at not less than $4,600 nor more than $5,200.00 per annum, and inserting in lieu thereof the following: of each such deputy at not less than $8,400.00 and not more than $9,000.00 per annum, so that when so amended Section 8 shall read as follows: Section 8. The sheriff is hereby authorized to appoint three deputy sheriffs to assist him in the performance of his duties who

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shall serve at the pleasure of the sheriff. The governing authority of Brantley County shall fix the salary of each such deputy at not less than $8,400.00 and not more than $9,000.00 per annum to be paid in equal monthly installments from the funds of said county. Said governing authority may authorize the sheriff to appoint additional deputies in the event said governing authority determines such additional deputies are required, and said governing authority may fix the compensation of such additional deputies. It shall be within the sole power and authority of the sheriff to designate and name the persons who shall be employed as deputies and to prescribe their duties and assignments, and to remove or replace such deputies at will and within his sole discretion. Section 2. Said Act is further amended by striking the first sentence of Section 9, which reads as follows: The governing authority of Brantley County is hereby authorized to purchase two (2) 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 said sheriff and his deputy., and inserting in lieu thereof the following: The governing authority of Brantley County shall purchase not less than two (2) 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 said sheriff and his deputies., so that when so amended Section 9 shall read as follows: Section 9. The governing authority of Brantley County shall purchase not less than two (2) 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 said sheriff and his deputies. Said automobiles shall be and remain the property of Brantley County. Said governing authority is hereby authorized to purchase replacements for said automobiles whenever the sheriff certifies that said automobiles have been rendered incapable of being used as law enforcement vehicles. Said governing authority is authorized to dispose of the replaced

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vehicles in such manner as it may deem most advantageous to Brantley County. The funds for purchasing automobiles as herein provided shall be payable from the funds of Brantley County. Section 3. Said Act is further amended by adding, following Section 9 of said Act, a new Section 9A, to read as follows: Section 9A. The sheriff is hereby authorized to appoint a secretary to assist him in the performance of his duties. The secretary shall serve at the pleasure of the sheriff. The secretary shall be compensated in the amount of $500.00 per month and such compensation shall be paid from the funds of Brantley County. It shall be within the sole power and authority of the sheriff, during his term of office, to designate and name the person who shall be employed as such secretary, and to prescribe the duties and assignments of such secretary, and to remove or replace the secretary at will and within his sole discretion. 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 Intent Notice is hereby given that there will be introduced at the regular 1978 session of the General Assembly of Georgia, a bill to amend an Act placing the Sheriff of Brantley County upon an annual salary, approved April 5, 1965 (Ga. Laws 1965, p. 3211), as amended; and for other purposes. This 25th day of Jan., 1978. /s/ 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,

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deposes and says that he/she 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 26, 1978, February 2, 1978 and February 9, 1978. /s/ Bobby A. Wheeler Representative, 152nd District Sworn to and subscribed before me, this 15th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public. (Seal). Approved April 5, 1978. GEORGIA MILITARY COLLEGEBOARD OF TRUSTEES. No. 1421 (Senate Bill No. 543). AN ACT To amend an Act providing for a Board of Trustees of the Georgia Military College, approved August 1, 1922 (Ga. Laws 1922, p. 110), as amended, so as to change the number and composition of the said Board of Trustees; to change the provisions relating to the appointment or election of the Board; to provide procedures connected with the forming of said Board; to provide for vacancies; to repeal a specific provision; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia:

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Section 1. An Act providing for a Board of Trustees of the Georgia Military College, approved August 1, 1922 (Ga. Laws 1922, p. 110), as amended, is hereby amended as follows: After the election held in August, 1978, for the purpose of electing members to the Board, the Board of Trustees of the Georgia Military College shall be composed of six members. The two positions of membership on the Board created pursuant to an Act approved March 2, 1970 (Ga. Laws 1970, p. 2234), are hereby abolished. At the election held in August, only one of the two positions which terms expire shall be filled. If either or both of the members choose to run for reelection, each will be designated as an incumbent. The member so elected shall serve for a term of six years, successors to be elected as otherwise provided. The present member of the Board who is the Mayor of the City of Milledgeville shall continue to serve out his term of office on the Board. Thereafter, the person serving as Mayor of the City of Milledgeville shall hold such position on the Board for the same term of office as he serves as mayor. If for any reason the position on the Board occupied by the present Mayor of the City of Milledgeville becomes vacant, said vacancy shall be filled by the mayor or person serving as mayor for the remainder of his term as mayor. Section 2. Said Act is further amended by striking in its entirety Section 11A which reads as follows: Section 11A. There are hereby created two additional positions on the Board of Trustees of Georgia Military College (thereby bringing the total to nine) which two positions shall be filled as follows: Both shall be positions as elected by the Mayor and Aldermen of the City of Milledgeville, Georgia, from their own membership on the city council of said city. Such two members so elected shall hold said position as Trustees until their city terms of office expire. Any member of city council may succeed himself as a member of the Board of Trustees of Georgia Military College, upon being reelected by the city council from their membership. Section 3. Said Act is further amended by striking Section 4 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:

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Section 4. Be it further enacted that any citizen, male or female, of the City of Milledgeville shall be eligible to hold said office who is not less than 21 years of age and not more than 70 years of age. 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 General Assembly of Georgia, a bill to amend the charter of Georgia Military College by altering the makeup of the present board of trustees and other matters pertaining to that body. /s/ Wilbur E. Baugh Representative, 108th District Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Culver Kidd, who, on oath, deposes and says that he is Senator from the 25th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the organ of Baldwin County, on the following dates: January 12, 1978, January 19, 1978 and January 26, 1978. /s/ Culver Kidd Representative, 25th District Sworn to and subscribed before me, this 6th day of February, 1978. /s/ Elizabeth Ann Juett Notary Public, Georgia State at Large. My Commission Expires Nov. 1, 1981. (Seal). Approved April 5, 1978.

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USE OF SCHOOL TAX IN CLARKE COUNTYREFERENDUM. No. 1444 (House Bill No. 1975). AN ACT To amend an Act providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 2985), so as to provide that taxes levied thereunder for support and maintenance of the school system shall not be levied or used for the purpose of acquiring real estate or purchasing or constructing buildings or to accumulate funds for future use; 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 providing for the merger of the independent school system of the Mayor and Council of the City of Athens and the school district of Clarke County, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, particularly by an Act approved March 21, 1970 (Ga. Laws 1970, p. 2985), is hereby amended by striking Section 15 in its entirety and inserting in lieu thereof a new Section 15 to read as follows: Section 15. (a) The Board of Commissioners shall annually levy a school tax at the millage rate certified to it by the board of education as needed for the support and maintenance of the school system for that year. (b) This rate of tax shall not exceed 20 mills exclusive of bonded indebtedness unless the voters of the Clarke County School District remove this limitation in the same manner as provided for in Article VIII, Section VII, Paragraph II of the Constitution. (c) The board of education, through the superintendent of education, shall notify the State Revenue Commissioner of the millage rate it has certified to the Board of Commissioners.

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(d) `Support and maintenance' shall not include the purchase of real property or construction or purchase of buildings, and annual taxes levied hereunder shall not be levied, accumulated or expended for acquisition of new buildings or real property, but may be levied and expended for remodeling or alteration of existing buildings, including minor additions thereto, provided such use is specifically planned when the millage rate is set and is included in the use budgeted for that tax levy. (e) The tax levy for support and maintenance of the school system shall constitute the appropriation by the Board of Commissioners to the school system. Any amount levied for and appropriated to the system for support and maintenance that is not expended during the year in which levied shall continue to be funds of the system and shall not revert to any other purpose, but shall be applied to the support and maintenance needs of the next year to fund such needs budgeted for that year. (f) If possible, the annual millage rate for support and maintenance should be certified and the school tax should be levied in January each year so that the board of education may arrange its budget for that year and, if necessary, arrange temporary loans whose payment must be based on anticipated revenues for the year. However, the failure to certify the rate or levy the tax in January shall not render the tax invalid. Section 2. 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 Clarke County to issue the call for an election for the purpose of submitting this Act to the electors of the Clarke County School District for approval or rejection. The election superintendent shall set the date of the election for the same day in 1978 when members of the General Assembly are to be elected and shall issue the call for that election at least 30 days prior to the date thereof. The election superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of Clarke County. The ballot shall have written or printed thereon the following: [] YES [] NO Do you approve the Act which prohibits the Board of Education from using annual property

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taxes, levied for support and maintenance of the school system, to acquire real estate or purchase or construct buildings or accumulate funds for future use? 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 Clarke 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 1978 session of the Georgia General Assembly legislation to amend an act providing for the merger of the existing independent school system of the Mayor and Council of the City of Athens and the existing school district in the County of Clarke, approved March 7, 1955 (Ga. Laws 1955, p. 3057), as amended, so as to change the provisions relating to the powers of the board and other matters relative thereto; to provide for a referendum; and for other purposes. This second day of February, 1978. /s/ Hugh Logan Representative, 62nd District /s/ Bob Argo Representative, 63rd District Georgia, Clarke County. Personally before me, the undersigned attesting officer authorized by law to administer oaths, appeared Robert W. Chambers, who, being

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put upon oath, certifies, deposes and swears that he is the Publisher of Athens Newspaper, Inc; that The Daily News is the newspaper in which legal advertisements are published in Clarke County, Georgia; and that the foregoing notice of intention to apply for local legislation was published in The Daily News on February 3, 1978, February 10, 1978 and February 17, 1978. /s/ Robert W. Chambers Certified, Sworn to and Subscribed before me, this 20th day of February, 1978. /s/ Eve Hale Morris Notary Public, Clarke County, Georgia. Notary Public, Georgia State at Large. My Commission Expires July 26, 1980. (Seal). Approved April 6, 1978. UPSON COUNTYSALES AND USE TAX. No. 1445 (House Bill No. 2023). AN ACT To levy and impose a sales and use tax of one percent, in addition to all other taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur in the County of Upson; to provide for the administration and collection of the tax by the State Revenue Commissioner; to provide for penalties for failure to comply with the requirements of this Act; to provide for enforcement of collection; to provide for the disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation for

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the year 1979 and for subsequent years, which adjustment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax herein levied for any lawful purpose, including bonded indebtedness, if the mill rate on tangible property, levied for county operations and maintenance, should be reduced to zero; to provide that the County of Upson shall continue to operate its ad valorem tax assessing functions and its tax collection functions even if the mill rate should be reduced to zero; to provide that the taxing authority of the County of Upson shall show in a prominent manner on the tax bill of each taxpayer the dollar amount of the reduction of county ad valorem property taxes received as a result of the tax imposed under this Act; to provide for credits against the tax imposed by this Act where a local sales tax has been paid with respect to tangible personal property by the purchaser thereof either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State and that the State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper; to provide that no tax shall be imposed on certain sales which are ordered by and delivered to the purchaser at a point outside the boundaries of the County of Upson regardless of the point where title passes, if such delivery is made in the manner set forth; to provide an efficient method of identifying the location of each retail establishment at which taxes are remitted so as to facilitate determination by the Revenue Commissioner that said taxes are collected and distributed according to the situs of the sale; to provide that said Act shall be rescinded if a statewide increase should cause the State sales and use tax to be raised to any percentage greater than three percent; to provide that Section 26A of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1975, p. 984) shall not be effective in the County of Upson so long as the tax imposed by said local Act shall be in effect; 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 levied and imposed, in addition to all other taxes of every kind now or hereafter imposed by law, a sales and use tax at the rate of one percent. The tax imposed shall correspond, so far as practical, except as to rate, with the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20,

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1951 (Ga. Laws 1951, p. 360), as amended, and no item or transaction which is not subject to taxation under the provisions of said Act shall be subject to the tax imposed pursuant to this Act. The tax imposed pursuant to this Act shall be a tax on all items, transactions and uses subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, that occur within the boundaries of the County of Upson. The penalty for failure to comply with the requirements of this Act shall be the same as the penalty for failure to comply with the requirements of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, and enforcement of this Act shall be by the same procedures as are set forth for the enforcement of the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended. Section 2 . The tax imposed pursuant to this Act shall be exclusively administered and collected by the State Revenue Commissioner for the use and benefit of the County of Upson. Such administration and collection shall be accomplished in the same manner and subject to the same applicable provisions, procedures and penalties provided for under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended; provided, however, that all moneys collected from each taxpayer by the State Revenue Commissioner shall be first applied to such taxpayer's liability for taxes owed to the State of Georgia. Dealers shall be allowed a percentage of the amount of the tax due and accounted for and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be at the same rate authorized for deductions from State Tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended. Section 3 . The proceeds of the tax collected by the State Revenue Commissioner under this Act shall be disbursed as soon as practicable after collection as follows: (a) One percent of the amount collected shall be paid into the general fund of the State Treasury in order to defray the costs of the administration.

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(b) Except for the percentage provided for in subsection (a) hereof, the remaining portion of the proceeds of such tax shall be paid to the governing authority of the County of Upson. Section 4 . During the year 1979, which is the initial year that the tax imposed by this Act shall be effective, the governing authority of the County of Upson shall adjust the mill rate for county ad valorem taxation, which adjustment shall be equal in portions of Upson County which are inside the boundaries of any municipality and in portions of the county that are outside the boundaries of any municipality. The adjustment in the mill rate shall be made in the following manner: (a) The governing authority of the County of Upson shall first determine from the State Revenue Commissioner the total amount of the tax collected on all items, transactions and uses in the County of Upson under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, during the calendar year 1978. The tax collected during 1978, as aforesaid, shall then be divided by three. The resulting quotient shall equal the anticipated proceeds of the tax established by this Act, for the calendar year 1979. (b) The governing authority of the County of Upson shall next determine a mill rate on tangible property in the County of Upson that, if levied, would produce sufficient funds for county operations and maintenance, taking into account all other fines, forfeitures, fees, taxes and revenues of every kind collected or anticipated by the county during the year in which the tax is to be imposed, but in the absence of the anticipated proceeds of the tax imposed by this Act. (c) The governing authority of the County of Upson shall next determine a mill rate on tangible property in the County of Upson that would, if levied, produce funds in an amount equal to the anticipated proceeds of the tax imposed by this Act for the year 1979. (d) The mill rate levied by the governing authority of the County of Upson for the year 1979 shall be the mill rate that results by subtracting the mill rate that, if levied, would produce funds in an amount equal to the anticipated proceeds of the tax imposed by this Act for the year 1979, from the mill rate that, if levied, would produce sufficient funds for county operations and maintenance,

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taking into account additional county funds as set forth in Section 4(b) herein, but in the absence of the anticipated proceeds of the tax imposed by this Act. Section 5. For the years following 1979 the governing authority of Upson County shall adjust the mill rate for county ad valorem taxation, which adjustment shall be equal both inside the boundaries of any municipality and outside the boundaries of any municipality, in the following manner: (a) The governing authority of Upson County shall determine a mill rate on tangible property in Upson County that, if levied, would produce sufficient funds for county operations and maintenance, taking into account all other fines, forfeitures, fees, taxes and revenues of every kind collected or anticipated by the county for the year for which the mill rate is fixed, but in the absence of the proceeds of the tax imposed by this Act. (b) The governing authority of Upson County shall next determine a mill rate on tangible property in the County of Upson that, if levied, would produce funds in an amount equal to the portion of the proceeds of the tax imposed by this Act, that were disbursed by the State Revenue Commissioner to the governing authority of the County of Upson for the preceding year. (c) The mill rate levied by the governing authority of Upson County for all years following 1979, which mill rate shall be equal both as to property inside the boundaries of any municipality and outside the boundaries of any municipality, shall be that mill rate that results from subtracting the mill rate that, if levied, would produce funds in an amount equal to the county's portion of the proceeds of the tax received under this Act for the preceding year, from the mill rate that the governing authority shall have determined to be necessary to produce sufficient funds for the county's operations and maintenance, taking into account all other fines, forfeitures, fees, taxes and revenues of every kind collected or anticipated by the county for the year for which the mill rate is fixed, but in the absence of the county's portion of the proceeds of the tax imposed by this Act. Section 6. If, as a result of Sections 4 and 5 of this Act, the mill rate levied for county operations and maintenance on tangible property

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shall be reduced to zero, then any funds derived from the tax imposed by this Act which remain in the county general fund may be expended by the governing authority of the County of Upson for any lawful governmental purpose, including the retirement of bonded indebtedness. In the event that the tax imposed by this Act should cause the mill rate to be reduced to zero, then said county shall continue to maintain the offices of tax assessor and tax commissioner and all other functions of tax assessment and tax collection in the same manner as if ad valorem taxes were to be paid to the county. Section 7. The taxing authority of the County of Upson shall show in a prominent manner on the tax bill of each ad valorem taxpayer the dollar amount of the reduction of county ad valorem property taxes which such taxpayer has received as a result of the tax imposed by this Act. Section 8. Where a local sales or use tax has been paid with respect to tangible personal property by the purchaser thereof, either in another local taxing jurisdiction within the State or in a taxing jurisdiction outside the State, where the purpose of the tax is similar in purpose and intent to the tax authorized to be imposed by this Act, said tax may be credited against the tax authorized to be imposed by this Act, upon the same property. If the amount of sales or use tax so paid is less than the amount of the use tax due as authorized to be imposed by this Act, the purchaser shall pay an amount equal to the difference between the amount so paid in the other taxing jurisdiction and the amount due as authorized to be imposed by this Act. The State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper. Section 9. No tax shall be imposed upon the sale of tangible personal property which is ordered by and delivered to the purchaser at a point outside the boundaries of Upson County, regardless of the point at which title passes, if such delivery is made by the seller's vehicle, U. S. mail, common carrier or by private contract carrier licensed by the Interstate Commerce Commission or the Georgia Public Service Commission. Section 10. Each sales tax return remitting taxes collected hereunder shall separately identify the location of each retail establishment

Page 4582

at which establishment any of the taxes remitted were collected and shall specify the amount of sales and the amount of taxes collected at each such establishment for the period concerned by the return so as to thereby facilitate determination by the Revenue Commissioner that all taxes imposed by this Act are collected and distributed according to situs of sale. Section 11. The Act is enacted pursuant to the terms and provisions of a certain amendment to the Constitution of Georgia, as amended, proposed by the General Assembly of Georgia of 1978 and submitted as is provided in Article XII, Section I, Paragraph I of the Constitution of the State of Georgia of 1976 for vote thereon at the general election of 1978, which amendment gives to the General Assembly the power and authority to enact such legislation and this Act shall become effective only if said amendment shall be ratified and adopted at said general election of 1978 as provided by law, and if so ratified and adopted, this Act shall become effective January 1, 1979. Section 12. In the event that the State of Georgia, during the year 1978, or in any subsequent year, shall impose a statewide increase in the sales and use tax, so that the tax imposed by the State of Georgia throughout the State shall be greater than three percent, then, at such time as the statewide increase shall become effective, the sales and use tax of one percent in and for the County of Upson, imposed by this Act, shall be ineffective, and no tax imposed by this Act shall thereafter be collected. Section 13. All laws and parts of laws in conflict herewith are hereby repealed; provided, however, should this Act be held to be unconstitutional then the repeal of existing laws shall not be effective and all such laws shall remain of force as though this Act had not been passed. For as long as this Act shall be in effect, Section 26A of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. Laws 1975, p. 984) shall not be effective in the County of Upson. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, a bill to levy and impose a sales and use tax of one per cent, in addition to all other

Page 4583

taxes of every kind now imposed by law, on all items, uses, and transactions subject to the provisions of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. L. 1951, p. 240, et seq., approved Feb. 20, 1951, as amended) that occur in the County of Upson, to provide for the administration and collection of the tax by the State Revenue Commissioner; to provide for penalties for failure to comply with the requirements of said Act; and for enforcement of collection; to provide for the disbursement of the tax by the State Revenue Commissioner; to provide for the adjustment of the mill rate for county ad valorem taxation for the year 1979 and for subsequent years, which adjustment shall be equal both in portions of Upson County inside the boundaries of any municipality or outside the boundaries of any municipality; to provide for the expenditure of the proceeds of the tax herein levied for any lawful purpose, including bonded indebtedness, if the mill rate on tangible property, levied for county operations and maintenance, should be reduced to zero; to provide that the County of Upson shall continue to operate its ad valorem tax assessing functions and its tax collection functions even if the mill rate should be reduced to zero; to provide that the taxing authority of the County of Upson shall show in a prominent manner on the tax bill of each taxpayer the dollar amount of the reduction county ad valorem property taxes received as a result of the tax imposed under this Act; to provide for credits against the tax imposed by this Act where a local sales tax has been paid with respect to tangible personal property by the purchaser thereof either in another local taxing jurisdiction within the State or in taxing jurisdiction outside the State and that the State Revenue Commissioner may require such proof of payment in another local taxing jurisdiction as is deemed to be necessary and proper; to provide that no tax shall be imposed on certain sales which are ordered by and delivered to the purchaser at a point outside the boundaries of the County of Upson regardless of the point where title passes, if such delivery is made in the manner set forth; to provide an efficient method of identifying the location of each retail establishment at which taxes are remitted so as to facilitate determination by the Revenue Commissioner that said taxes are collected and distributed according to the situs of the sale; to provide that said Act shall be rescinded if a statewide increase should cause the state sales and use tax to be raised to any percentage greater than three per cent; to provide that Section 26A of the Georgia Retailers' and Consumers' Sales and Use Tax Act (Ga. L. 1975, p. 984 et seq.) shall not be effective in the County of Upson so long as the tax imposed by said

Page 4584

local Act shall be in effect; to provide an effective date for this Act; to repeal conflicting laws, and for other purposes. This 31st day of January, 1978. /s/ Marvin Adams Representative in the General Assembly for the 79th House District of Georgia /s/ Peter Banks Senator 17th Senatorial District of Georgia Georgia, Upson County. Before me, the undersigned officer authorized to administer oaths, personally appeared Perry D. Sherrer, who on oath says that he is the publisher of The Thomaston Times and The Free Press, a newspaper published in the City of Thomaston, Upson County, Georgia, being of general circulation, and the Second Edition of which is the newspaper in which Sheriff's advetisements are published, who certifies that legal notice, a true copy of which is attached hereto, being a notice of intention to apply for local legislation, was published in The Thomaston Times and The Free Press once a week for three weeks, as required by law, said dates of publication being February 1, 1978, February 8, 1978, and February 15, 1978. /s/ Perry D. Sherrer, Publisher The Thomaston Times and The Free Press Sworn to and subscribed before me, this 16th day of February, 1978. /s/ Edgar A. Fry Notary Public, Georgia State at Large. My Commission Expires Nov. 15, 1979. (Seal). Approved April 6, 1978.

Page 4585

MRS. AMILEE C. GRAVES COMMENDEDPORTRAIT AND PLAQUE AUTHORIZED. No. 187 (Senate Resolution No. 252). A RESOLUTION Commending Mrs. Amilee C. Graves; and for other purposes. WHEREAS, Mrs. Amilee C. Graves served with grace and distinction as the only Chairperson of the North Georgia Mountains Authority from its establishment in 1968 until its abolishment in 1973; and WHEREAS, Mrs. Amilee C. Graves, through her abilities, commitment and dedication, helped author and secure an Economic Development Administration grant to construct many of the facilities at Unicoi State Park; and WHEREAS, the lodge and conference center at Unicoi State Park represents a completely creative and unique outdoor recreational facility designed to preserve the local environment and skills and knowledge of the people of north Georgia and to serve as an attractive outdoor recreation facility; and WHEREAS, this facility has become the focal point for organized programs, conferences and retreats which help preserve the land, the people and their skills as envisioned by Mrs. Amilee C. Graves when the facility was originally planned; and WHEREAS, Mrs. Amilee C. Graves has so well and wisely served the people and the mountains of north Georgia as Mayor of Clarkesville; as Editor of the Tri-County Advertiser ; and as member, chairperson and leader in numerous public and private organizations; and

Page 4586

WHEREAS, Mrs. Amilee C. Graves embodies those same strengths of the people and the mountains in her realistic, responsible and productive life dedicated to preserving the best in humanity and the environment; and WHEREAS, the General Assembly, acting in behalf of the citizens of Georgia, wishes to recognize the unique and outstanding contribution made by Mrs. Amilee C. Graves to the people of this State. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby commend Mrs. Amilee C. Graves for her outstanding, creative and unique contribution to the State. BE IT FURTHER RESOLVED that the Commissioner of the Department of Natural Resources is hereby authorized and directed to designate a proper site in the Conference Center at Unicoi State Park to place a portrait and plaque suitably recognizing Mrs. Amilee C. Graves and her very human and important contributions to the people of this State and to Unicoi State Park. BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Mrs. Amilee C. Graves and to the Commissioner of the Department of Natural Resources. Approved April 6, 1978.

Page 4587

WALLACE ADAMS GOLF COURSE DESIGNATED. No. 200 (Senate Resolution No. 353). A RESOLUTION Authorizing and directing the State Department of Natural Resources to designate the golf course in the Little Ocmulgee State Park as the Wallace Adams Golf Course; and for other purposes. WHEREAS, Honorable Wallace Adams was an outstanding citizen of Wheeler County where he served his county as Representative for 10 years and as sole Commissioner of Wheeler County for 12 years; and WHEREAS, under his leadership the fiscal status of the county was changed from a state of indebtedness to an excellent financial condition; and WHEREAS, he served honorably as Senator of his district in the General Assembly of Georgia; and WHEREAS, he served for 21 years as Chairman of the State Forestry Research Council where many worthwhile projects were completed for the benefit of forestry in Georgia; and WHEREAS, he was responsible for the construction of an 18-hole golf course at the Little Ocmulgee State Park in Wheeler County by devoting many hours of his time and donating his funds toward the completion of this project. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Natural Resources is hereby authorized and directed to designate the golf course in the Little Ocmulgee State Park as the Wallace Adams Golf Course. BE IT FURTHER RESOLVED that the State Department of Natural Resources is hereby authorized and directed to erect an appropriate plaque or sign at the entrance of that golf course.

Page 4588

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this resolution to Honorable Joe Tanner, Commissioner of the Department of Natural Resources, and to the family of the Honorable Wallace Adams. Approved April 6, 1978. COMPENSATION TO RICHARD H. CULBERSON. No. 201 (House Resolution No. 60-272). A RESOLUTION Compensating Mr. Richard H. Culberson; and for other purposes. WHEREAS, on June 21, 1976, Mr. Richard H. Culberson was driving his 1970 Buick on Georgia Highway 3 outside of Cartersville, Georgia; and WHEREAS, a steel extension to the Etowah River Bridge came loose and struck the underside of Mr. Culberson's automobile, causing property damage in the amount of $947.85; and WHEREAS, Mr. Culberson received insurance payments to cover such damage, except for $100.00 of the damage; and WHEREAS, the automobile of Mr. Culberson was damaged through no fault on his part, and it is only just and proper that he be compensated for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation is hereby authorized and directed to pay the sum of $100.00 to Mr. Richard H. Culberson as compensation as provided above. Said

Page 4589

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 6, 1978. COMPENSATION TO TOM SUTHER. No. 205 (House Resolution No. 439-1274). A RESOLUTION Compensating Mr. Tom Suther; and for other purposes. WHEREAS, on or about October 18, 1976, Mr. Tom Suther opened a closet door in the basement of the D. M. Smith Building at the Georgia Institute of Technology and was struck by a mop that had been left in an unsafe position by a custodian; and WHEREAS, the mop broke Mr. Suther's eyeglasses; and WHEREAS, Mr. Suther incurred expenses in the amount of $25.00 for an eye examination and $87.36 for replacement of his glasses as a result of the above described incident; and WHEREAS, the incident occurred through no fault or negligence on the part of Mr. Suther 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 Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $112.36 to Mr. Tom Suther 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 6, 1978.

Page 4590

COMPENSATION TO MS. JANET HOLDER. No. 206 (House Resolution No. 466-1337). A RESOLUTION Compensating Ms. Janet Holder; and for other purposes. WHEREAS, on or about September 19, 1977, the Department of Transportation was laying tar on Rockmart Road near Rome, Georgia; and WHEREAS, Ms. Janet Holder drove an automobile on said road, because the Department of Transportation had failed to control traffic thereon; and WHEREAS, the tar from said road damaged said automobile, and Ms. Holder incurred expenses in the amount of $55.00 for necessary repairs to said automobile; and WHEREAS, Ms. Holder has not been and cannot be compensated by insurance for said damage; and WHEREAS, said damage was not caused by any fault or negligence whatsoever on the part of Ms. Holder, and it is only just and proper that she be compensated therefor. 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 $55.00 to Ms. Janet Holder 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 6, 1978.

Page 4591

COMPENSATION TO JAMES H. WRIGHT. No. 208 (House Resolution No. 457-1312). A RESOLUTION Compensating Mr. James H. Wright; and for other purposes. WHEREAS, on or about September 15, 1977, Ms. Susan Ivey, the daughter of Mr. James H. Wright, had parked a 1967 Ford automobile, owned by Mr. James H. Wright, near 1190 Mansfield Avenue in Atlanta, Georgia; and WHEREAS, while so parked and during a heavy rain a limb from a tree, located on State property under the jurisdiction of the Department of Transportation, fell across said automobile causing extensive damage to the roof, windshield and left front door of said automobile; and WHEREAS, Mr. James H. Wright, the owner of said automobile, incurred expenses in the amount of $300.00 for the repair of said automobile as a direct result of said accident; and WHEREAS, Mr. James H. Wright has not been and cannot be reimbursed by insurance for the cost of the repairs to his automobile as aforesaid, and it is only just and proper that he be compensated therefor; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Mr. James H. Wright or his daughter, Ms. Susan W. Ivey. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Transportation

Page 4592

is hereby authorized and directed to pay the sum of $300.00 to Mr. James H. Wright as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO DR. JOHN S. AUSTIN, JR. No. 209 (House Resolution No. 442-1274). A RESOLUTION Compensating Dr. John S. Austin, Jr.; and for other purposes. WHEREAS, on April 26, 1977, faculty offices in the general classroom building at Georgia State University, a unit of the University System of Georgia under the control of the Board of Regents of the University System of Georgia, were broken into and a Sears electric typewriter belonging to Dr. John S. Austin, Jr., and valued at $250.00 was stolen; and WHEREAS, a Georgia State University faculty member reported another break in in the same building on the same date to a university security officer, who failed to make a report on such reported break in and failed to conduct an adequate investigation, which might have led to the recovery of Dr. Austin's typewriter; and WHEREAS, said event occurred through no fault or negligence on the part of Dr. John S. Austin, Jr., so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Board of Regents of the University System of Georgia is hereby authorized and directed to pay the

Page 4593

sum of $250.00 to Dr. John S. Austin, Jr., as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO JERRY L. FOWLER. No. 211 (House Resolution No. 475-1340). A RESOLUTION Compensating Mr. Jerry L. Fowler; and for other purposes. WHEREAS, on or about July 22, 1975, Mr. Jerry L. Fowler was driving his 1973 Mazda automobile west on Thompkins Road in the vicinity of the faculty housing area on the campus of Savannah State College; and WHEREAS, while so driving in said area, said automobile struck a hole in Thompkins Road causing damage to said automobile in the amount of $103.98; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Mr. Jerry Fowler, and it is only just and proper that he be compensated for the aforesaid damage; and WHEREAS, Mr. Fowler has not been and cannot be compensated by insurance for the damage to his automobile. 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 $103.98 to Mr. Jerry L. Fowler as compensation as provided above. Said sum shall be paid from funds appropriated to or available

Page 4594

to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO NANCY B. PEEPLES. No. 212 (House Resolution No. 474-1340). A RESOLUTION Compensating Nancy B. Peeples; and for other purposes. WHEREAS, on March 16, 1977, Nancy B. Peeples was driving her 1966 Volkswagen in an easterly direction on Battlecreek Road in Clayton County, Georgia; and WHEREAS, the highway was being resurfaced at the time, and fresh oil had just been applied to the highway; and WHEREAS, as a result of the slippery condition of the highway caused by the oil, Ms. Peeples lost control of her vehicle and ran down an eight-foot embankment; and WHEREAS, the accident caused extensive damage to the vehicle and personal injuries to Ms. Peeples; and WHEREAS, the accident resulted in damages to the vehicle in the amount of $1,022.50 and medical expenses in the amount of $189.00 which have not been compensated by insurance; and WHEREAS, the accident occurred through no fault or negligence on the part of Ms. Peeples, and it is only fitting and proper that she be reimbursed for her loss.

Page 4595

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 $500.00 to Ms. Nancy B. Peeples as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Department and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO MISS HENRIETTA YOUNG. No. 213 (House Resolution No. 468-1337). A RESOLUTION Compensating Miss Henrietta Young; and for other purposes. WHEREAS, on February 14, 1977, Miss Henrietta Young was driving her 1966 Chevrolet Caprice through exit gate #8 of the Psychology key card parking lot at the University of Georgia; and WHEREAS, the gate malfunctioned and damaged Miss Young's car in the amount of $250.00; and WHEREAS, the accident occurred through no fault or negligence on the part of Miss Young, 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 $195.25 to Miss Henrietta Young 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 6, 1978.

Page 4596

COMPENSATION TO MS. PAT KLEINHANS. No. 214 (House Resolution No. 481-1355). A RESOLUTION Compensating Ms. Pat Kleinhans; and for other purposes. WHEREAS, on or about January 3, 1977, Ms. Pat Kleinhans was driving her 1968 Volkswagen automobile in a westerly direction on Tompkins Road on the campus of Savannah State College; and WHEREAS, while so driving at such time and place the right rear tire of said automobile struck a deep hole in said Tompkins Road causing damage to said right rear tire and wheel to the extent that the replacement thereof, at a cost of $67.00, was necessary; and WHEREAS, said accident occurred through no fault or negligence whatsoever on the part of Ms. Kleinhans, and it is only just and proper that she be reimbursed for the expenses incurred in replacing said tire and wheel; and WHEREAS, Ms. Kleinhans has not been and cannot be reimbursed by insurance for the cost of the replacement of said tire and wheel. 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 $43.00 to Ms. Pat Kleinhans 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 6, 1978.

Page 4597

COMPENSATION TO MRS. GEORGE ELLIS MARTIN. No. 215 (House Resolution No. 483-1380). A RESOLUTION Compensating Mrs. George Ellis Martin; and for other purposes. WHEREAS, on June 17, 1976, Mr. George Ellis Martin apprehended three men he caught shoplifting in the Handy Food Center in Albany, Georgia, of which he was the manager; and WHEREAS, Mr. Martin called the police and, when Cpl. George Johnson of the Albany Police Department arrived at the scene to transport the men to jail, he requested Mr. Martin's assistance; and WHEREAS, after Cpl. Johnson completed the necessary paper work, he and Mr. Martin were escorting the three men out to the police car which was parked in front of the store; and WHEREAS, after being searched, one of the subjects, Tommy Young, turned and attacked Cpl. Johnson, knocking him to the ground; and WHEREAS, Tommy Young seized Cpl. Johnson's walkie-talkie and knocked him unconscious; and WHEREAS, Mr. Martin pulled a pistol from his pocket and told the other two suspects not to move; and WHEREAS, Mr. Martin then proceeded to the aid of the officer and pointed his weapon at Tommy Young and ordered him to stop beating the police officer; and

Page 4598

WHEREAS, when Mr. Martin focused his attention on Tommy Young, he was attacked by Cornelius Graham and Roy Young, and in the ensuing scuffle he shot and killed Cornelius Graham; and WHEREAS, Mr. Martin was then attacked by Roy Young, but he managed to shoot Roy Young in the wrist and right leg; and WHEREAS, Roy Young continued to fight and wrested the gun from Mr. Martin and knocked him to his knees; and WHEREAS, Roy Young then stood above Mr. Martin and fired point-blank at him, but the gun was out of ammunition; and WHEREAS, Tommy Young, who had obtained Cpl. Johnson's pistol by this time, came to the aid of Roy Young; and WHEREAS, Tommy Young was directed by Roy Young to shoot Mr. Martin; and WHEREAS, Tommy Young, standing approximately four feet from Mr. Martin who was still on his knees, fired point-blank at Mr. Martin striking him in the upper left chest and killing him instantly; and WHEREAS, it is the opinion of investigating officers and Cpl. George Johnson that Mr. George Ellis Martin, through his actions, saved the life of Cpl. Johnson at the price of his own life; and WHEREAS, Mr. Martin is survived by his widow, Mrs. Maynell Martin, and her children, one of whom is her eight-year-old son who has undergone open heart surgery and who is presently enrolled in a special school for crippled children; and WHEREAS, Mr. George Ellis Martin was killed as a direct result of his efforts in attempting to aid a police officer upon his request; and WHEREAS, Mr. Martin's heirs at law are his widow and minor children who were dependent upon him for over half of their support.

Page 4599

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State of Georgia is hereby authorized and directed to pay the sum of $5,000.00 to Mrs. Maynell Martin, widow of Mr. George Ellis Martin. Said sum shall be paid by the Director of the Fiscal Division from funds appropriated to the Department of Administrative Services by the General Assembly for the specific purpose of awarding compensation to Mrs. Maynell Martin, widow of Mr. George Ellis Martin.

Page 4600

WHEREAS, this damage occurred through no fault of Mr. Nantz 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 Board of Regents of the University System of Georgia is hereby authorized and directed to pay the sum of $250.00 to Mr. Wilson A. Nantz as compensation as provided above. Said sum shall be paid from funds appropriated to or available to said Board of Regents and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO HAROLD NORRIS. No. 218 (House Resolution No. 517-1473). A RESOLUTION Compensating Mr. Harold Norris; and for other purposes. WHEREAS, Mr. Harold Norris is the owner of a pecan grove located approximately one and one-half miles east of Cochran in Bleckley County; and WHEREAS, Mr. Norris's grove adjoins property under the jurisdiction of the Georgia Forestry Commission; and WHEREAS, while spraying grass around a fence on the Georgia Forestry Commission property with a soil sterilant, Commission employees inadvertently permitted the sterilant to reach one of Mr. Norris's pecan trees; and

Page 4601

WHEREAS, the pecan tree died as a result of the sterilant and Mr. Norris suffered a loss in the amount of $100.00; and WHEREAS, the loss occurred through no fault or negligence on the part of Mr. Norris 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 Georgia Forestry Commission is hereby authorized and directed to pay the sum of $100.00 to Mr. Harold Norris as compensation as provided above. Said sum shall be paid from funds appropriated to or available to the Commission and shall be in full and complete satisfaction of all claims against the State arising out of said occurrence. Approved April 6, 1978. COMPENSATION TO WESLEY DUFFEY. No. 220 (House Resolution No. 511-1458). A RESOLUTION Compensating Mr. Wesley Duffey; and for other purposes. WHEREAS, on August 5, 1976, a State prisoner assigned to a work detail in Troup County overpowered a supervisor and escaped from custody; and WHEREAS, the prisoner took the supervisor's clothing and a motor vehicle and proceeded to the City of Hogansville; and WHEREAS, upon arrival in the City of Hogansville, the escaped prisoner stole a Ford Torino automobile from the sales lot of Wesley Duffey Ford; and

Page 4602

WHEREAS, while giving chase to the escaped prisoner in Coweta County, law enforcement officers fired a number of shots into the automobile stolen from Wesley Duffey Ford; and WHEREAS, the said shots caused damage to the stolen automobile in the amount of $1,160.82; and WHEREAS, the said damage occurred through no fault of Wesley Duffey or Wesley Duffey Ford; and WHEREAS, it is only fitting and proper that Wesley Duffey be compensated for the damage to his property. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Offender Rehabilitation is hereby authorized and directed to pay the sum of $300.00 to Mr. Wesley Duffey 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 6, 1978. COMPENSATION TO LEWIS W. THOMAS. No. 227 (House Resolution No. 665-1598). A RESOLUTION Compensating Mr. Lewis W. Thomas; and for other purposes. WHEREAS, on January 19, 1976, Mr. Lewis W. Thomas was transporting a roof on his truck along Bankhead Highway near Mableton, Georgia; and

Page 4603

WHEREAS, the truck being operated by Mr. Thomas was being accompanied by a Douglas County Sheriff's car with its blue light operating and was also being accompanied by a warning vehicle with a wide-load sign and a flashing light behind said truck; and WHEREAS, a vehicle belonging to the Georgia Department of Transportation and operated by one of its employees passed Mr. Thomas's truck and came to a stop in front of said truck; and WHEREAS, Mr. Thomas was forced to apply his brakes and stop in such a manner that the roof on Mr. Thomas's truck shifted causing structural damage thereto in the amount of $6,400.00; and WHEREAS, said accident occurred through no fault or negligence on the part of Mr. Thomas, so it is only fitting and proper that he be reimbursed for his loss. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Department of Transportation is hereby authorized and directed to pay the sum of $1,000.00 to Mr. Lewis W. Thomas 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 6, 1978. COMPENSATION TO WAYNE CAVENDER. No. 230 (House Resolution No. 588-1710). A RESOLUTION Compensating Mr. Wayne Cavender; and for other purposes.

Page 4604

WHEREAS, on Tuesday, July 13, 1976, Mr. Wayne Cavender was traveling on Georgia Highway 16; and WHEREAS, an employee of the Georgia Department of Natural Resources was operating a mower belonging to the John Tanner State Park along the right-of-way of Highway 16 toward the park; and WHEREAS, a rock was thrown from underneath the mower and into the windshield of Mr. Cavender's oncoming car, causing damage to the windshield to the extent it had to be replaced; and WHEREAS, the cost of replacing the windshield in Mr. Cavender's automobile was $95.16; and WHEREAS, said incident occurred through no fault or negligence on the part of Mr. Cavender, so it is only fitting and proper that he be reimbursed for replacing the windshield in his automobile. 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 $95.16 to Mr. Wayne Cavender 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 6, 1978.

Page 4605

COMPENSATION TO TOM E. IRELAND. No. 231 (House Resolution No. 582-1671). A RESOLUTION Compensating Mr. Tom E. Ireland; and for other purposes. WHEREAS, on November 3, 1973, Mr. Tom E. Ireland, who is the First Sergeant of the Combat Support Company of the 2/121st Infantry of the Georgia Army National Guard located in Americus, volunteered pursuant to a request of then Governor Jimmy Carter for maximum participation in a Statewide cleanup of junk cars and rubbish in cooperation with the Confederated Women's Club of Georgia; and WHEREAS, Sergeant Ireland's little finger on his left hand was mashed off while he attempting to remove a quantity of old pipe and other materials from the post office grounds at Andersonville; and WHEREAS, due to the improper healing of an emergency amputation of part of the finger, Sergeant Ireland's left finger was totally amputated on November 18, 1974; and WHEREAS, this accident occurred through no fault or negligence on the part of Sergeant Tom E. Ireland, and it is only fitting and proper that he be compensated therefor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Department of Defense is hereby authorized and directed to pay the sum of $2,000.00 to Mr. Tom E. Ireland 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 6, 1978.

Page 4606

GOVERNOR JOHN ADAM TREUTLEN HIGHWAY DESIGNATED. No. 232 (House Resolution No. 589-1710). A RESOLUTION Authorizing and directing the State Department of Transportation to designate State Highway 119 as the Governor John Adam Treutlen Highway; and for other purposes. WHEREAS, John Adam Treutlen was the first Governor of the State of Georgia and was an official member of the church of the Salzburgers at Ebenezer and was a citizen of that part of Effingham County which was then St. Matthews' parish, and his home was about eight miles above Ebenezer, in the immediate neighborhood of Sister's Ferry; and WHEREAS, he was a prominent figure among the Georgia patriots and was called to the chief magistracy of the State during the most eventful period of her history; and WHEREAS, he took his place as a member of the Provincial Congress of 1775, among such men as Walton, Habersham, Bryant, Telfair, Houstoun, Clay, Cuthbert and McIntosh and was selected from among these as Governor of the new State; and WHEREAS, it was indicated that he was a man of unquestioned patriotism, courage and unusual powers; and WHEREAS, John Adam Treutlen, first Governor of Georgia, was so brutally murdered by the Tories and was buried no one now living knows where; and WHEREAS, Governor Treutlen, having in this sad way departed from the scene of action, and it being so long before the close of the war and having no son or other descendent in the State in public life, he was neglected and forgotten; and WHEREAS, the State of Georgia has named a county after him; and

Page 4607

WHEREAS, a historical marker near Georgia 119 at Sister's Ferry, Clyo, Georgia, is erected. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA, that the State Department of Transportation is hereby authorized and directed to designate State Highway 119, which runs through the counties of Effingham, Bulloch, Bryan and Liberty, as the Governor John Adam Treutlen Highway. BE IT FURTHER RESOLVED that the State Department of Transportation is hereby authorized and directed to erect an appropriate plaque or sign at an appropriate location designating State Highway 119 as provided above. 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 Tom Moreland, Commissioner of the State Department of Transportation, and to Central Junior High School in Springfield. Approved April 6, 1978. THE GENERAL COURTNEY HICKS HODGES BUILDING AT GEORGIA VETERANS MEMORIAL STATE PARK DESIGNATED. No. 234 (House Resolution No. 651-1826). A RESOLUTION Designating the park administration building at Georgia Veterans Memorial State Park as The General Courtney Hicks Hodges Building; and for other purposes. WHEREAS, General Courtney H. Hodges, a native Georgian born in Perry, was a beloved officer in the United States Army; and

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WHEREAS, his military career and service to his country was long and distinguished; and WHEREAS, General Hodges joined the United States Army as a private and retired in 1949 as a general; and WHEREAS, the military career of General Hodges included various outstanding achievements as fighting Pancho Villa in Mexico, commanding a machine gun company during World War I in the Meuse-Argonne campaign, commanding the infantry school at Fort Benning, commanding the First Army, which, under his command was the first to enter Paris, was first to enter Germany where the Germans were defeated at the Battle of the Bulge and was the first U.S. Unit to meet the Russians at the Elbe River; and WHEREAS, the new administration building at Georgia Veterans Memorial State Park will house the State park offices as well as a museum dedicated to all veterans; and WHEREAS, the citizens of Georgia wish to recognize the outstanding contribution made to this county by naming the facility in his honor. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby designate the park administration building at Georgia Veterans Memorial State Park as The General Courtney Hicks Hodges Building. 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 family of General Hodges and to the Commissioner of the Department of Natural Resources. Approved April 6, 1978.

Page 4609

COUNTY BOARDS OF TAX ASSESSORS CREATED IN CERTAIN COUNTIES (600,000 OR MORE). No. 1447 (House Bill No. 1599). AN ACT To create a County Board of Tax Assessors in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, and to define its powers and duties; to provide for the appointment, terms, compensation, and qualifications of members of the County Board of Tax Assessors; to provide for the expenses of said board to be paid by the County; to provide for the transfer of all employees, personal and real property of the Joint City-County Board of Tax Assessors to the County Board of Tax Assessors; to establish County Boards of Equalization, and to define their powers and duties; to repeal an Act creating the Joint City-County Board of Tax Assessors in all counties having within their borders all or the greater part of the population of a municipality of a population of 300,000 or more, according to the United States Census of 1950 or any future census of the United States, approved February 15, 1952 (Ga. Laws 1952, p. 2825), as amended; to provide for other matters relative to the foregoing; to provide conditions for the effectiveness of this Act and 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. Definitions. These terms when used in this Act, shall have the following definitions unless a different meaning clearly appears from the context: City shall mean the largest municipality located completely or in part in any county to which this Act shall be applicable. Municipality shall mean any municipality, other than the largest municipality, which is located completely or in part in any county to which this Act shall be applicable. County shall mean any county in this State having a population of more than 600,000 according to the United States Decennial Census of 1970 or any future United States Decennial Census.

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County Board of Commissioners shall mean the board of commissioners of any county to which this Act shall be applicable, or the governing authority of any such county having no board of commissioners. Board means the County Board of Tax Assessors created by this Act. Section 2. There is hereby created a County Board of Tax Assessors for the entire territorial area of the incorporated and unincorporated county, and the entire territorial area of the city and of any municipality which lies wholly or partially within the county, whether such areas lie within said county or within any other county. Said board of tax assessors shall consist of three co-equal members to be appointed by the County Board of Commissioners. The members of the Joint City-County Board of Tax Assessors, at the time of the effective date of this Act, shall be and become members of the County Board of Tax Assessors, and shall serve out the respective terms for which they have been elected. Thereafter, the term of office for each member appointed to the County Board of Tax Assessors shall be six years, and the terms shall be staggered such that one position shall become vacant on the County Board of Tax Assessors every two years. The County Board of Commissioners shall make all appointments to the County Board of Tax Assessors for terms of six years, unless an appointment for a shorter period of time is necessary to achieve the staggered expiration of terms. Section 3. Each member of the County Board of Tax Assessors shall serve until his successor is duly appointed and qualified unless he becomes disqualified during his term of office or he is removed at an earlier date, in which event the County Board of Commissioners shall appoint a successor to complete the term. Section 4. Said members of the Board shall give their full time to the duties of the office and shall hold no other public office. Section 5. Members of the County Board of Tax Assessors shall meet the following qualifications: (a) No person shall serve as tax assessor who is less than 25 years of age.

Page 4611

(b) No person shall serve as tax assessor who is not a resident of the County, unless said person shall become a resident of the County within not more than six months following the date of taking office. (c) No person shall serve as tax assessor who fails to meet the following qualifications upon taking office, unless such person meets the qualifications within one year of initially taking office: (1) No person shall serve as tax assessor who does not hold a four-year degree or its equivalent from an accredited college or university. (2) No person shall serve as tax assessor who does not have at least five years of experience in property appraisal covering at least three of the following six categories: residential property, industrial property, commercial property, agricultural property, special purpose properties, personal property. (3) No person shall serve as tax assessor who does not possess knowledge of the methods and techniques used in developing real estate records and evaluating tax values, knowledge of the materials and methods used in residential, commercial and industrial building construction, and knowledge to plan an appraisal covering all types of real and personal property. (4) No person shall serve as tax assessor unless he shall have successfully completed at least the elementary and advanced courses of the American Institute of Real Estate Appraisers or the Society of Real Estate Appraisers or the International Association of Assessing Officers or Empire Real Estate Board or equivalent courses offered by other accredited professional groups, colleges or universities. (5) No person shall serve as tax assessor unless he shall have successfully completed the Assessors' Certification Course No. I and the Assessors' Qualification Examination, which are prepared and administered by the State Revenue Commissioner, and shall meet the requirements of an Appraiser IV pursuant to the Act creating, providing and requiring a comprehensive, uniform statewide system for gathering information to be used as the basis for more uniform taxation within this State, approved April 6, 1972 (Ga. Laws 1972, p. 1104), as now or hereafter amended.

Page 4612

Provided, however, that the requirements of subsections (a), (b) and (c) of this Section shall not be applicable to those assessors who are properly serving on the Joint City-County Board of Tax Assessors at the effective date of this Act, until such time as their current terms shall expire. Section 6. The members of the Board shall be paid as compensation for their services such an amount as may be fixed from time to time by the County Board of Commissioners, but such amount shall not be less than the compensation received by the county appointee at the effective date of this Act. The attendance at required approved appraisal courses shall be part of their official duties and they shall be paid for each day in attendance at such courses and shall be allowed reasonable expenses necessarily incurred in connection therewith. The compensation of the members of said Board, and other such expenses as may be necessary to be incurred in the performance of the duties of the Board, shall be paid from the county treasury in the same manner as other payments by the county are made. Section 7. In addition to any powers and responsibilities granted in this Act, said County Board of Tax Assessors shall be subject to and shall have all the duties, powers, authority and responsibility given to county tax assessors by Title 92, Chapter 69, Code of Georgia, as amended, in carrying out the purposes of this Act. Section 8. It shall be the function and the duty of the County Board of Tax Assessors to fix the value of all property located within the entire territorial area of the incorporated and unincorporated county, and to fix the value of all property located within the city and within any municipality which lies wholly or partially within the county, whether such property lies within said county or within any other county, for all State, county, city, municipal, school or other tax purposes. They shall prepare and keep tax maps and other tax records, adopt and amend such rules and regulations as will establish an equitable and scientific system of assessing property for taxation; shall give notices of assessments as provided by law and perform any and all other duties relating to the assessment of taxable property as may be appropriate and necessary. Section 9. The County Board of Tax Assessors, in assessing property for taxation, shall value same as required by Title 92, Chapter

Page 4613

57, Code of Georgia, as amended, and particularly by Sections 92-5701 and 92-5702, relating to the valuation of property for taxation. Section 10. It shall be the duty of the Board to take whatever action is appropriate and necessary to equalize assessments placed upon property and the tax resulting thereon. In the performance of this duty said Board shall have the power to reduce property assessments when it is necessary in connection with the equalization of taxes. When they find, upon investigation, that any property has been assessed in excess of its fair market value or that the taxpayer has been assessed taxes in excess of taxes due on such fair market value, they shall enter same on the minutes of the Board. Section 11. Upon a determination made by the Board that a taxpayer has returned his property at an amount in excess of its fair market value or has been assessed taxes in excess of the amount due, the Chairman shall certify such finding to the governmental authorities of the County and to the tax collector. Whereupon it shall be the duty of such tax collector to give appropriate credit for the adjustment on his records and, if the taxes have been paid, it shall be the duty of the appropriate governing authority to refund to the taxpayer such amounts as may be certified by the Secretary of said Board. Section 12. The action of the Board in connection with the authorities conveyed in the two preceding paragraphs shall be considered discretionary and shall not vest any rights to such adjustments and refunds. Section 13. Such adjustments as may be made by the Board shall relate to taxes where an error has been found within the statute of limitations. Section 14. County Boards of Equalization shall be established in the County, pursuant to Code of Georgia, Section 92-6912. The review and equalization of assessments shall be handled as provided in Title 92, Chapter 69, Code of Georgia, as amended. Section 15. The County Board of Tax Assessors shall have the authority with the approval of the Board of Commissioners to provide additional facilities and appoint additional or temporary

Page 4614

personnel needed to support the Boards of Equalization established pursuant to this Act. Section 16. All notices, summons, and subpoenas issued by the County Board of Tax Assessors may be served by depositing the same in the United States mail, properly stamped and addressed to the person thereby served at his last known address. Proof of such mailing shall be sufficient evidence of such service unless the person served or notified shall make it appear that such letter or notice was not received. Section 17. The County Board of Commissioners shall designate one member of the County Board of Tax Assessors as Chairman and chief administrative officer of the Office of Tax Assessors. The Chairman of the County Board of Tax Assessors shall be responsible for all administrative duties of said Board with the exception of the duties of the evaluation of properties and the assessment of taxes and shall receive additional compensation for said responsibilities as fixed by the Board of Commissioners. All employees of the County Board of Tax Assessors shall be subject to and under the supervision and direction of the Chairman. Section 18. All employees of the County Board of Tax Assessors shall be paid and provided by the County. Section 19. All physical facilities, obligations, debts, assets, records, employees, causes of action, rights, and all other personal or real property of the Joint City-County Board of Tax Assessors are hereby transferred to the County Board of Tax Assessors. Section 20. Persons who are full-time permanent employees of the Joint City-County Board of Tax Assessors shall have the right to enter the employment of the County Board of Tax Assessors, without any lapse or hiatus in their employment, on the terms provided herein. The terms of this Section shall apply only to those positions with the Joint City-County Board of Tax Assessors which are abolished by the dissolution of the Joint City-County Board of Tax Assessors. No employee transferred to the County Board of Tax Assessors shall suffer a decrease in salary, accumulated vacation or sick leave, or other rights as a result of being transferred. All transferred employees shall be assigned by the County Board of Tax Assessors to positions of employment similar to those occupied by the employees

Page 4615

with the Joint City-County Board of Tax Assessors. After being so assigned, all such employees shall be subject to the civil service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the Joint City-County Board of Tax Assessors shall be given the same effect as employment with the County government. Nothing in this Section shall affect the power of the chief administrative officer of the Office of Tax Assessors or other duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations. Section 21. As to pension and retirement rights and benefits of employees being transferred from the City to the County, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall

Page 4616

become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 22. An Act creating a Joint City-County Board of Tax Assessors in all counties of this State having within its boundaries all or the greater part of the population of a city with a population of 300,000 or more according to the U. S. Census of 1950, or any future United States census, approved February 15, 1952 (Ga. Laws 1952, p. 2825), as amended, is hereby repealed in its entirety. Provided however, that any action taken by the Joint City-County Board of Tax Assessors created by the aforementioned 1952 Act prior to the effective date of this Act, is hereby ratified and confirmed; and, provided further, that nothing in this Act shall affect any arbitration proceeding which may be presently pending on either an administrative level or in the courts of this State. Section 23. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide for the assessment of property in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. 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,

Page 4617

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. Approved April 10, 1978. FULTON COUNTYDUTIES OF TAX COMMISSIONER. No. 1448 (House Bill No. 1600). AN ACT To require the Tax Commissioner of Fulton County to receive tax returns for all taxable property of certain municipalities lying wholly or partially within Fulton County; to provide for the applicability of this Act; to provide for the use of consolidated tax return forms; to require the preparation of digests from such returns; to require the Tax Commissioner of Fulton County to bill for all taxes due to each such municipality; to provide for the payment of taxes by certain due dates; to provide for the collection of delinquent taxes; to require the Tax Commissioner of Fulton County to perform the services provided for in this Act at no charge to such municipalities to which said services are provided; to provide for paying over to each such municipality all sums collected by the Tax Commissioner on behalf of such municipality; to provide for the apportionment of partial payments; to provide access to the records of the Tax Commissioner; to provide for other matters relative to the foregoing; to provide the conditions upon which this Act shall be effective and for an effective date; to repeal conflicting laws; and for other purposes.

Page 4618

Be it enacted by the General Assembly of Georgia: Section 1. (a) Except as hereinafter provided, the provisions of this Act shall apply only to those municipalities lying wholly or partially within Fulton County which consent to allowing the Tax Commissioner of Fulton County to receive the tax returns and collect the taxes of such municipalities as provided in this Act. Each such municipality may grant such consent by appropriate resolution duly adopted by its governing authority, and such resolution shall specify the effective date that the Tax Commissioner shall begin receiving tax returns and collecting the taxes of such municipality. Before such resolution shall be binding on the Tax Commissioner, the governing authority of any municipality adopting such a resolution must give advance written notice to the Tax Commissioner of at least 120 days prior to January 1 of the first fiscal year for which the Tax Commissioner shall begin collecting taxes for said municipality. However, such resolution shall not require the Tax Commissioner of Fulton County to bill and collect taxes due to any municipality for any tax year prior to 1980 if said municipality is not provided such services prior to the effective date of this Act. (b) Any resolution granting consent to allow the Tax Commissioner to receive tax returns and collect taxes of a municipality may be repealed by appropriate resolution duly adopted by the governing authority of the affected municipality, and such repealing resolution shall specify the effective date that the Tax Commissioner shall cease receiving the tax returns and collecting taxes of such municipality, and such repealing resolution shall apply to all taxes as of the effective date of such repealer, including all delinquent taxes. Provided, however, such effective date shall not precede January 1 of the year following the adoption date of the resolution, and to be effective, the governing authority of such municipality must give advance written notice to the Tax Commissioner of at least 90 days prior to such effective date. (c) If the Tax Commissioner of Fulton County was receiving the tax returns and collecting the taxes of any municipality on the effective date of this Act, then the Tax Commissioner shall continue to receive the tax returns and collect the taxes of such municipality, and such municipality shall be subject to the provisions of this Act.

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(d) As hereinafter used in this Act, the word municipality or municipalities mean only those municipalities which have granted consent, as provided by this Section, to allow the Tax Commissioner of Fulton County to receive the tax returns and collect the taxes of such municipalities, and any municipality lying wholly or partially within Fulton County for which the Tax Commissioner of Fulton County was receiving tax returns and collecting taxes on the effective date of this Act. Section 2. Notwithstanding any other provision of this Act, the Tax Commissioner of Fulton County shall not be responsible for receiving tax returns of any municipality lying wholly within another county, which subsequent to the effective date of this Act, shall annex or incorporate any area within Fulton County. Section 3. The Tax Commissioner of Fulton County shall receive all tax returns for municipalities lying wholly or partially within Fulton County for all taxable property lying within said municipalities. It shall be the duty of such officer to prepare consolidated tax return forms providing for the return of all taxable property in Fulton County for taxation by the State of Georgia, Fulton County and municipalities lying wholly or partially within Fulton County and to cause such consolidated return forms to be used for the return of such property. It shall be the duty of such officer to prepare tax return forms providing for the return of all taxable property, lying within another county, of any municipality which lies partially within Fulton County and partially within another county, and to cause such return forms to be used for the return of such property. Section 4. The municipal tax returns for all municipalities lying wholly or partially within Fulton County shall be due on the date the Fulton County tax returns are due as required by law. Section 5. The municipal homestead exemptions for all municipalities lying wholly or partially within Fulton County shall be filed in the office of the Tax Commissioner of Fulton County and be subject to approval by the Fulton County Board of Tax Assessors. All municipal homestead exemption applications shall be filed during the period established for Fulton County homestead exemption filing dates, by State law.

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Section 6. From such returns, the Tax Commissioner of Fulton County shall prepare a county digest of all such property returned, as required by law, and upon request of the governing authority of any municipality, the Tax Commissioner shall also prepare a digest as of the initial billing date, of property located within such municipality, and a copy of such digest shall be furnished to the governing authority of each such municipality. Section 7. The Tax Commissioner of Fulton County shall bill all taxes which shall have been assessed by the appropriate authority or authorities and are due to each municipality lying wholly or partially within Fulton County, on all property lying within each such municipality. The Tax Commissioner shall also collect all payments of such taxes including interest and fi. fa. costs thereon. Section 8. The Tax Commissioner of Fulton County, as ex officio sheriff of Fulton County, shall collect all delinquent taxes due to each municipality lying wholly or partially within Fulton County, with all the powers and authorities of a municipal revenue collector. When taxes are due and delinquent to a municipality lying wholly or partially within Fulton County on property taxable by such municipality, the Tax Commissioner may advertise for sale and sell such property. To enable him to collect the taxes due to any municipality lying wholly or partially within Fulton County, the Tax Commissioner of Fulton County shall have complete jurisdiction and authority to bring property lying within any such municipality to sale within Fulton County. Sales made by the Tax Commissioner of Fulton County shall be valid and shall carry the title to the property thus sold, whether such property lies within Fulton County or within any other county. Section 9. (a) Except as hereinafter provided, the Tax Commissioner of Fulton County shall provide the services set forth in this Act, including the preparation of tax forms, billing for taxes, the receiving of returns and the collection of current and delinquent taxes, with no charge to, or compensation from, the municipalities to which said services are provided. (b) The commissions or fees deducted by county tax receivers and collectors or county tax commissioners for services performed on behalf of municipalities in collecting ad valorem taxes on motor vehicles and in recording and collecting intangible taxes, as set forth

Page 4621

in the general laws of this State, shall be deducted by the Tax Commissioner of Fulton County for such services performed on behalf of any municipality subject to the provisions of this Act, including any such municipality electing to have said Tax Commissioner receive its tax returns and collect its taxes as provided in subsection (a) of Section 1 of this Act and including any municipality subject to the provisions of subsection (c) of Section 1 of this Act. Any fees or commissions deducted by the Tax Commissioner of Fulton County pursuant to this subsection shall be remitted to the Treasurer of Fulton County. (c) When the Tax Commissioner of Fulton County receives tax returns and collects taxes pursuant to this Act on behalf of a municipality whose corporate limits include territory within a county other than Fulton, said Tax Commissioner shall deduct from the taxes otherwise payable to such municipality a fee for receiving returns and collecting the taxes of such municipality within that portion of its corporate limits lying within such county other than Fulton. The amount of such fee shall be the portion of the costs of operating the office of Tax Commissioner of Fulton County which is attributable to the costs of receiving tax returns and collecting taxes on behalf of such municipality within that portion of its corporate limits lying within such county other than Fulton. Any fees deducted by the Tax Commissioner of Fulton County pursuant to this subsection shall be remitted to the Treasurer of Fulton County. Section 10. The Tax Commissioner of Fulton County shall pay over to the treasurer of each municipality lying wholly or partially within Fulton County all sums collected by him for said municipality not later than the fifteenth day of the month following the month of collection and at the same time furnish a statement of such collection to the comptroller, or like official, of said municipality. Section 11. All taxes due to the State of Georgia on taxable property in Fulton County and all taxes due to Fulton County, Fulton County school districts, and to each municipality lying wholly or partially within Fulton County shall be due, in accordance with the existing due dates established for said taxes, except the due dates and date of execution for all taxes due to municipalities lying wholly or partially within Fulton County shall be the same as the due date and date of execution of the largest municipality lying wholly or partially within Fulton County.

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Section 12. All such taxes due to the State of Georgia on any parcel of taxable property within Fulton County, and all taxes due to Fulton County, Fulton County school districts, and to any municipality lying wholly or partially within Fulton County shall be shown on a tax bill, a copy of which shall be mailed to the person subject to such taxes at the last address entered on the records of the Tax Commissioner of Fulton County. Section 13. All payments that are not allocated to the municipal taxes or to the State and county taxes shall be apportioned by the Tax Commissioner of Fulton County among the State of Georgia, Fulton County, Fulton County school districts, and each municipality lying wholly or partially within Fulton County, subject to any requirement of State law. Section 14. The records of the Tax Commissioner of Fulton County with respect to property or property owners of any municipality lying wholly or partially within Fulton County, and taxes due to said municipality, shall be available at all business hours to duly authorized representatives of each said municipality. Section 15. The governing authorities of each municipality lying wholly or partially within Fulton County shall furnish to the Tax Commissioner of Fulton County, each year, such information concerning the nature and classification of property subject to taxation by said municipality as will enable the said officer to prepare a consolidated tax return form for the ensuing year and shall furnish the Tax Commissioner of Fulton County, each year, not later than May 15, such information as to the levying of taxes and the fixing of tax rates by the municipality as will enable such officer to prepare tax statements and collect taxes due to the municipality on such consolidated tax returns. Section 16. The taxes referred to herein to be collected by the Tax Commissioner of Fulton County shall mean any ad valorem tax shown to be due on the returns filed by the taxpayers as corrected by the county board of tax assessors and on assessments made by said county board. Section 17. The Tax Commissioner of Fulton County shall continue to collect any sanitary service charge for any municipality receiving said service prior to the effective date of this Act, and no

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provision of this Act shall prohibit or change the basis upon which such collection services are now or may be provided by the Tax Commissioner of Fulton County. Section 18. The Tax Commissioner of Fulton County shall, upon request, give a bond to each municipality lying wholly or partially within Fulton County, conditioned upon the payment to said municipality of all sums collected by him for and on behalf of said municipality as provided by this Act. The sum of each bond shall be as determined by law or ordinance and the cost of such bond shall be paid by the requesting municipality. Section 19. Whenever any authority vested with such power makes a determination that a taxpayer has overpaid his municipal taxes, the Tax Commissioner shall provide the municipality so affected with detailed information concerning the determination that an overcharge has been paid, and the municipality shall then be responsible for refunding such overpayment. Section 20. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to require the tax receiver, tax collector, or tax commissioner of any county of this State having a population of 600,000 or more according to the United States decennial census of 1970, or any future such census, to receive tax returns and collect taxes due to any or all consenting municipalities located wholly or partially within such county at no charge to said municipalities is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. Section 21. 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 22 . All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon request of the Atlanta/Fulton County Study Commission, Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, local legislation to require the Tax Commissioner of Fulton County to receive tax returns and collect taxes for municipalities in Fulton County at no charge to said municipalities; and for other purposes. This 13th day of January, 1978. /s/ Sidney J. Marcus Representative, 26th District PUBLISHER'S AFFIDAVIT. 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 President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 30th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978.

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CITY OF ATLANTARESIDENCY REQUIREMENTS FOR MAYOR AND COUNCIL MEMBERS, ETC. No. 1449 (House Bill No. 1602). 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. Laws 1973, p. 2188), as amended, particularly by an Ordinance approved July 6, 1976 (Ga. Laws 1977, p. 4588), so as to amend sections 2-102(a)(2), 2-202(a)(2), and 3-102(a)(2) so as to change the qualification provisions relative to the residency requirements of Council Members, President of the Council, and Mayor; to amend sections 2-102(b)(3), 2-202(b)(2), and 3-102(b)(2) so as to change the qualification provisions relative to Council Members, President of the Council, and Mayor holding or seeking any other elective office or holding a position of full-time employment; 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. Laws 1973, p. 2188), as amended, particularly by an Ordinance approved July 6, 1976 (Ga. Laws 1977, p. 4588), is hereby amended by striking subsection 2-102(a)(2) in its entirety, and substituting in lieu thereof a new subsection 2-102(a)(2), so that the subsection, when amended, shall read as follows: (2) Must be a resident of the City of Atlanta for at least two (2) years immediately preceding the date of his filing of notice of candidacy to seek office, and must be a resident of the council district from which he seeks to qualify for at least six (6) months immediately preceding the date of his filing of notice of candidacy to seek office;. Section 2 . Said Act is further amended by striking subsection 2-102(b)(3) in its entirety, and substituting in lieu thereof a new subsection 2-102(b)(3), so that the subsection, when amended, shall read as follows:

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(3) Must not hold or qualify to seek any other elective public office, or accept a position of full-time employment with the State of Georgia, any county thereof, or any municipality thereof. Section 3 . Said Act is further amended by striking subsection 2-202(a)(2) in its entirety, and substituting in lieu thereof a new subsection 2-202(a)(2), so that the subsection, when amended, shall read as follows: (2) Must be a resident of the City of Atlanta for at least two (2) years immediately preceding the date of his filing of notice of candidacy to seek office; Section 4 . Said Act is further amended by striking subsection 2-202(b)(2) in its entirety, and substituting in lieu thereof a new subsection 2-202(b)(2), so that the subsection, when amended, shall read as follows: (2) Must not hold or qualify to seek any other elective public office, or accept a position of full-time employment with the State of Georgia, any county thereof, or any municipality thereof. Section 5 . Said Act is further amended by striking subsection 3-102(a)(2) in its entirety, and substituting in lieu thereof a new subsection 3-102(a)(2), so that the subsection, when amended, shall read as follows: (2) Must be a resident of the City of Atlanta for at least two (2) years immediately preceding the date of his filing of notice of candidacy to seek office;. Section 6 . Said Act is further amended by striking subsection 3-102(b)(2) in its entirety, and substituting in lieu thereof a new subsection 3-102(b)(2), so that the subsection, when amended, shall read as follows: (2) Must not hold or qualify to seek any other elective public office, or accept a position of full-time employment with the State of Georgia, any county thereof, or any municipality thereof. Section 7 . All laws and parts of laws in conflict with this Act are hereby repealed.

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Notice of Intention to Apply for Local Legislation. Notice is hereby given that the City of Atlanta, the Atlanta Board of Education and the Atlanta Independent Public School System as a part of such City, intends to apply for the passage of local legislation at the 1978 Session of the General Assembly of Georgia, which convenes on Monday, January 9, 1978, to amend the Charter of the City of Atlanta, including the laws applicable to the Atlanta Board of Education and the Atlanta Independent Public School System, 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; and/or An Act to amend an Act to reorganize the Board of Education of the City of Atlanta; to create a new structure for the Atlanta School System; to provide for the officials and employees of the Atlanta School System; and for other purposes, approved March 16, 1973 (Ga. L. 1973, pp. 2167), as amended, and for other purposes. This 12th day of December, 1977. /s/ William M. (Bill) Alexander Legislative Coordinator City of Atlanta /s/ William Stanley Legislative Coordinator Atlanta Board of Education Atlanta Independent School System Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Sidney J. Marcus, who, on oath, deposes and says that he is Representative from the 26th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 21 28, 1977 and January 4, 1978. /s/ Sidney J. Marcus Representative, 26th District

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Sworn to and subscribed before me, this 4th day of February, 1978. /s/ W. M. Alexander Notary Public, Georgia State at Large. My Commission Expires June 30, 1978. (Seal). Approved April 10, 1978. FULTON COUNTYUPDATING OF PLAN FOR UNINCORPORATED FULTON COUNTY, ETC. No. 1450 (House Bill No. 1603). AN ACT To provide the procedures for the preparation and annual updating by the Fulton County governing authority of a comprehensive plan for all of unicorporated Fulton County; to provide for a countywide framework plan composed of such comprehensive plan and the adopted comprehensive plans of each municipality in Fulton County which has developed and maintained a comprehensive plan together with maps with uniform levels of details for proposed predominant land use and development patterns, and proposed major public facilities; to provide conditions for the effectiveness of this Act and 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 Fulton County governing authority shall prepare and annually update a comprehensive plan for all unincorporated portions of Fulton County. The Fulton County governing authority shall also prepare a countywide framework plan which shall serve as a formal mechanism for achieving continuing communication

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and coordination among the local governments of Fulton County so as to accomplish the coordinated, adjusted, and harmonious physical growth and development of Fulton County. Each municipality located wholly or partially within Fulton County shall designate a representative to work with and to assist the Fulton County governing authority in the preparation and annual updating of the countywide framework plan. Provided, however, that nothing herein shall be deemed to grant to the Fulton County governing authority any power to make planning or zoning determinations for areas within the jurisdiction of any incorporated municipality. The countywide framework plan shall include the adopted comprehensive development plans of each municipality, located wholly or partially within Fulton County, which has developed and maintained a comprehensive development plan. The countywide framework plan shall also include a comprehensive plan prepared by the Fulton County governing authority for the unincorporated portion of Fulton County and shall illustrate the goals and objectives of such comprehensive plans with at least three maps and other descriptive materials. The goals and objectives of the countywide framework plan shall reflect the policies embodied in the adopted comprehensive plans and shall be formulated to advance conditions favorable to health, safety, neighborhood preservation, prosperity, civic activities, recreational opportunities, educational opportunities, and cultural opportunities. The three maps which must be included in the countywide development plan shall depict the following countywide development objectives: (a) One map shall depict and identify proposed predominant land use and development patterns. Said map must be comparable in detail for all areas of the county, and shall conform to the adopted planning and zoning maps of each municipality. (b) One map shall depict and identify proposed major transportation facilities and networks including, but not limited to, streets, waterways, railways, airports, and rapid transit lines. Said map must be comparable in detail for all areas of the county, and shall conform to the adopted transportation plans of each municipality in the county. (c) One map shall depict and identify the proposed major public facilities including, but not limited to, public parks, recreation

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and open space areas, trunkline water distribution and trunkline wastewater collection facilities, and other public sites, uses, and facilities which are of more than local community significance. Said map must be comparable in detail for all areas of the county, and shall conform to the adopted plans of affected municipalities. Section 2. Nothing in this Act shall be construed to limit or repeal any planning or zoning or other governmental powers now exercised by any municipality within Fulton County. Section 3. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to require the governing authority of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census to prepare a countywide framework plan is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective January 1, 1979. Section 4. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 5. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon request of the Atlanta/Fulton County Study Commission, notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, local legislation to

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provide procedures for the preparation and annual updating by the Fulton County governing authority of a county-wide framework plan for all incorporated and unincorporated Fulton County; and for other purposes. This 13th day of January, 1978. /s/ Sidney J. Marcus Representative, 26th District PUBLISHER'S AFFIDAVIT. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first sworn according to law, says that she 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 on the 16, 23, 30 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 30th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978.

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FULTON COUNTYPUBLIC GARBAGE DISPOSAL SYSTEMS. No. 1451 (House Bill No. 1606). AN ACT To provide the procedures for the County operation, maintenance, and funding of all public garbage disposal systems located within unincorporated Fulton County or within any municipality located wholly or partially within Fulton County; to provide the procedures for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems, together with the personal property, debts, assets and employees thereof, to Fulton County; to provide that Fulton County shall be responsible for paying any bond debt service requirements on any property transferred pursuant to this Act; to provide conditions for the effectiveness of this Act and for an effective date; to provide for an exception hereto; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1 . As used in this Act, the term garbage disposal system shall include sanitary landfill areas, motor vehicles, and all other land, materials, equipment, supplies, and personnel that may be necessary to dispose of garbage, refuse, and industrial and construction waste. Section 2 . The provisions of this Act shall not be applicable to solid waste collection, volume reduction facilities and equipment, inactive incinerator facilities, or transfer equipment, stations, or sites, nor shall the provisions of this Act be applicable to the City of East Point. Section 3 . After midnight December 31, 1978, all public garbage disposal systems in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, funded, and continued in existence by Fulton County, and no municipality located wholly or partially within Fulton County may operate a public garbage disposal system.

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Section 4 . Fulton County shall establish uniform user fees and rates for public, private or commercial use of any public garbage disposal system operated by the County. Section 5 . On or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a garbage disposal system shall transfer to Fulton County all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in the normal operation of the said garbage disposal system. Section 6 . Except as otherwise provided in this Act, on or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a garbage disposal system shall transfer to Fulton County, the legal title to all real property utilized for the garbage disposal system, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event Fulton County shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pursuant to this Section for a garbage disposal system, legal title to said real property will automatically revert to the transferring municipality. Section 7 . On or before January 1, 1979, each municipality located wholly or partially within Fulton County, shall lease to Fulton County all real property subject to bond debt service requirements, which is used by said municipality as part of a garbage disposal system. During the term of said lease, Fulton County shall make lease payments on said property in an amount equal to the bond debt service. Upon discharge and retirement of said bonds, the municipality shall transfer legal title to the real property to Fulton County pursuant to the procedures established in Section 6 of this Act. Section 8 . Persons who are full-time, permanent employees of any municipally operated garbage disposal system transferred to Fulton County pursuant to this Act, shall have the right to enter the employment of Fulton County without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with an existing municipality which are abolished by the transfer of the garbage disposal system. No employee transferred to Fulton County shall suffer a

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decrease in salary as a result of being transferred. All transferred employees shall be assigned by the County government to a position of employment similar to that occupied by the employee with the former system. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the municipality shall be given the same effect as employment with the County government. Section 9 . As to pension and retirement rights and benefits of employees being transferred from a municipality to the county, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and

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shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 10 . This Act shall become effective only if an amendment to the Constitution providing for the transfer of all existing municipally owned or operated sanitary landfills or garbage disposal systems located within the unincorporated area of any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census or within any municipality located wholly or partially within such county and providing for matters relative thereto is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. 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 . 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. Upon request of the Atlanta/Fulton County Study Commission, Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, local legislation to provide the procedures for the County operation, maintenance, and funding of all garbage disposal systems located within unincorporated Fulton County or within any municipality lying wholly or partially within Fulton County and for other purposes. This 13th day of January, 1978. /s/ Sidney J. Marcus Representative, 26th District PUBLISHER'S AFFIDAVIT. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Bessie K. Crowell, who, being first duly sworn, according to law, says that he is the President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 30th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978.

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UNIFIED ATLANTA-FULTON COUNTY WATER AND SEWER SYSTEM ACT. No. 1452 (House Bill No. 1607). AN ACT To create the unified Atlanta-Fulton County Water and Sewer System; to provide a short title for this Act; to provide for the definition of terms used in this Act; to provide for the powers and property of such system; to provide for the acquisition and transfer of property to such system; to provide for uniformity of rates, fees, charges, and assessments; to provide that the City of Atlanta shall own, operate, manage, and finance the Atlanta-Fulton County Water and Sewer System; to prohibit the operation of any other water or sewer system by either the City of Atlanta or Fulton County; to create the Atlanta-Fulton County Water and Sewer System Board; to provide for the powers and duties of said board; to provide for the composition and for the manner of appointment of members to said board; to provide for rules and regulations; to provide for the payment or refunding of outstanding revenue bonds of the City of Atlanta, Fulton County and other municipalities which join said system; to provide conditions for the effectiveness of this Act and 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. Short Title . This Act shall be known and may be cited as the Unified Atlanta-Fulton County Water and Sewer System Act. Section 2. System Created . The water and sewer systems of the City of Atlanta and Fulton County are hereby merged into a single unified system to be known as the Atlanta-Fulton County Water and Sewer System, which shall be owned, managed, maintained, operated and financed by the City of Atlanta, pursuant to authority granted to the City of Atlanta by the Constitution and general or local laws of this State. Section 3. Definitions . As used in this Act, the following words and terms shall have the following meanings:

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(a) The terms Atlanta-Fulton County Water and Sewer System, or Atlanta-Fulton County System, or System shall mean the Atlanta-Fulton County Water and Sewer System created by Section 2 of this Act. (b) The word Board shall mean the Atlanta-Fulton County Water and Sewer System Board which shall have the sole responsibility for developing a long-range, comprehensive water and sewer development plan for Fulton County. (c) The term service area shall mean the geographical area embraced as of May 31, 1979, where water or sewer services, or both, are furnished to retail customers by the City of Atlanta water and sewer systems and the Fulton County water and sewer systems and such additional geographical area as may thereafter be included in, and added to, the Atlanta-Fulton County Water and Sewer System. (d) The Uniform Retail Rate shall mean that the City of Atlanta shall charge the same unit price for water or sewer service to retail customers using the same volume of such service, irrespective of where said retail customers are located within Fulton County. Section 4. Purpose of the Atlanta-Fulton County System . Without limiting the generality of any provision of this Act, the general purpose of the Atlanta-Fulton County System is declared to be that of acquiring an adequate source or sources of water supply and purification of such water, and thereafter the distribution of the same throughout the service area, and to the municipalities lying wholly or partially within Fulton County, and further for the general purpose of gathering and treatment of waste from individuals, municipalities and industry. These provisions shall be construed to mean that all individual sections and areas of the County shall have access to the Atlanta-Fulton County System and the reasonable expansion thereof on the basis of equal consideration. Selling and delivering water directly to consumers in those areas of Fulton County where there do not now exist water distribution systems and furnishing sewer facilities to such customers is a primary objective of the Atlanta-Fulton County System.

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Section 5. Limitations . (a) Other than within the service area, the Atlanta-Fulton County System shall not have the power or 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 body of such municipality. (b) Other than within the service area, the Atlanta-Fulton County System shall not have the power or authority to construct sewer lines for the collection of waste and sewage directly from customers within any municipality, without first obtaining the express written consent of the appropriate governing body of such municipality. Section 6. Rates, Charges and Revenues . (a) The City of Atlanta shall have the power to prescribe and fix rates and assessments and to revise the same from time to time, and to collect fees, assessments, tolls and charges for the services, facilities and commodities furnished under the provisions of this Act. The City of Atlanta shall establish and maintain uniform rates and assessments for all retail customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within any municipality lying wholly or partially within Fulton County, and maintain uniform rates and assessments for all wholesale customers of the Atlanta-Fulton County System within the City of Atlanta and Fulton County and within all municipalities lying wholly or partially within Fulton County, including such municipalities themselves. Rates, assessments, and charges shall be based on the cost of operating, maintaining, replacing, adding to or extending, improving, and financing the system, and the cost of providing the reasonable expansion of the system. The uniform wholesale rate shall be defined as the uniform retail rate less the cost of customer service, which shall include, but not be limited to, the cost of administrative overhead and of serving lateral mains. (b) All revenues of the system shall be used or reserved for use exclusively for operation, maintenance, replacements, additions, extensions, improvements, and financing of the system, and no such revenues shall be used directly or indirectly to finance any other governmental service, except as otherwise provided in City of Atlanta bond covenants existing on May 31, 1979.

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(c) Any excess revenues of the system, after paying all costs of operation, maintenance, replacements, additions, extensions, and improvements of the System, costs and reserves necessary for financing the system, and monies used to acquire or call for redemption or otherwise pay the principal of or interest on any bonds issued to finance the System shall be used to reduce water and sewer rates. Section 7. Independent Rate Study. Immediately upon the creation of the Atlanta-Fulton County System, the City of Atlanta shall contract with an independent entity to conduct a study and to make recommendations concerning the uniform retail rates and the uniform wholesale rates. Section 8. Municipalities Requesting Services. (a) Any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water and sewer system, may request and require the Atlanta-Fulton County System to furnish water and sewer services to said municipality at the uniform wholesale rate. Except for the provision of such water and sewer services at wholesale rates to municipalities lying within Fulton County, any such municipality shall not unilaterally require the Atlanta-Fulton County System to furnish water or sewer services for customers residing outside the service area of the Atlanta-Fulton County System. (b) The Atlanta-Fulton County System shall not be required, except with its consent and by contract, to advance any funds or incur any expense in providing the services pursuant to this Section. Section 9. Transfer of Property from County. On or before June 1, 1979, Fulton County shall transfer and convey by appropriate instrument to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (except outstanding revenue bonds of Fulton County which shall be governed by the provisions of Section 18(a) and 18(b)), and all other real and personal property in any way used in, related to or arising out of the operation of the Fulton County Water and Sewer Systems. All monies heretofore collected and held in escrow as of one month after the effectiveness of this Act by the City of Atlanta from residents of Fulton County, outside the City of Atlanta, as a surcharge for water services for the purposes of repaying revenue bonds issued by Fulton County shall be used by the

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Atlanta-Fulton County Water and Sewer System for replacements, additions, extensions and improvements for that portion of the Atlanta-Fulton County System lying in the geographical area from the residents of which such monies were collected, within two years of the effectiveness of this Act. The Atlanta-Fulton County Water and Sewer System Board and the governing authority of Fulton County shall, by mutual agreement, determine the exact use of such monies in said area, and in conformity with this Section. As of one month after the effectiveness of this Act, said surcharge will cease to be collected. Section 10. Existing System of the City. On or before June 1, 1979, all assets, records, employees, causes of action, rights, contractual obligations, debts and all other real and personal property used in the operation of the City of Atlanta Water and Sewer System, shall remain in that system which shall become the Atlanta-Fulton County System established by this Act. Section 11. Operation of Other Systems, Prohibited. After midnight May 31, 1979, the City of Atlanta and Fulton County shall be prohibited from owning and operating any water and sewer system other than the Atlanta-Fulton County System. Section 12. Right of Municipalities to Join the System. On or before June 1, 1981, any municipality lying wholly or partially within Fulton County which maintains, owns or operates a water or sewer system or both shall have the right to join the Atlanta-Fulton County Water and Sewer System. After June 1, 1981, any such municipalities may join the Atlanta-Fulton County Water and Sewer System with the approval of the governing authority of the City of Atlanta. Upon joining the Atlanta-Fulton County System, all services within said system shall be provided by the Atlanta-Fulton County System, and said municipality will be subject to the regulations and restrictions imposed upon the City of Atlanta and Fulton County by this Act. Upon joining the Atlanta-Fulton County System, such municipality shall transfer, by appropriate instrument, to the City of Atlanta for the operation of the Atlanta-Fulton County System all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable (except outstanding revenue bonds of said municipality which shall be governed by the provisions of Section 19) and all other personal property in any way used in, or related to, or arising out of the operation of the municipal water and sewer system.

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Section 13. Transferring Existing Facilities to Another System. The City of Atlanta may, with the approval of its governing body and in compliance with existing and future covenants and ordinances authorizing the issuance of outstanding and future revenue bonds, convey any portion of the unified water distribution system, together with all assets, funds, bond proceeds, records, employees, causes of action, rights, contractual obligations, accounts payable, revenue debts, and all other real and personal property in any way used in, related to or arising out of the operation of said portion of said system, to any municipality lying wholly or partially within Fulton County, which, as of the effective date of this Act, owns, operates and manages its own water distribution system and whose geographic territory encompasses, as of the effective date of this Act, a portion of the Fulton County system as a result of prior annexation of unincorporated areas of Fulton County, when the governing body of said municipality requests from the City of Atlanta the conveyance of said portion of said system; provided that the governing body of the requesting municipality may, by contract, purchase water from the Atlanta-Fulton County System at a uniform wholesale rate. Contemporaneously with the effectiveness of this Act, Fulton County shall, upon request of any municipality and the City of Atlanta transfer to such municipality any part of the water and sewer system operated by Fulton County immediately prior to such effectiveness lying within such municipality's territorial limits upon payment by such municipality of an amount agreed to by the City of Atlanta which shall consist of all costs, direct or indirect (including financing cost and debt service), paid or incurred by Fulton County or the City of Atlanta for that portion of such system being transferred and all costs incurred or to be incurred by Fulton County or the City of Atlanta as a result of or in connection with such transfers. The amount so paid by any such municipality shall be used to refund bonds as provided in Section 20 hereof. Section 14. Employees of Existing Systems. Persons who are full-time, permanent employees of any water or sewer system transferred to the Atlanta-Fulton County System shall have the right to enter the employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall only apply to those positions with existing water or sewer systems which are abolished by the dissolution of those systems. No employee transferred to the Atlanta-Fulton County System shall suffer a decrease in salary as a result of being transferred.

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Every transferred employee shall be assigned by the Atlanta-Fulton County System to a position of employment similar to that occupied by the employee with the former water or sewer system. After being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the City of Atlanta and shall receive all benefits provided by the City. Nothing in this Section shall affect the power of the Atlanta-Fulton County System or any duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations. Section 15. Pension and Retirement Rights. As to pension and retirement rights and benefits of employees being transferred to the City, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall become a member of the Pension Fund of his new employer and

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shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 16. Water and Sewer System Board Created; Composition and Appointment. (a) There is hereby created the Atlanta-Fulton County Water and Sewer System Board which shall be composed of nine members appointed in such manner as hereby provided. (b) The Mayor of the City of Atlanta shall appoint four members to serve on the Board, subject to the confirmation by the Council of the City of Atlanta. Two of the members appointed by the Mayor of the City of Atlanta shall be members of the Atlanta City Council and the remaining two members to be appointed by the Mayor of Atlanta shall be residents of the City of Atlanta. Of the remaining five members, the Fulton County Board of Commissioners shall appoint four. One such member shall be appointed from the Fulton County Board of Commissioners by the Fulton County Board of Commissioners, and the remaining three members appointed by the Commissioners shall be residents of Fulton County who reside outside the Atlanta corporate limits. The ninth member shall be a citizen of Fulton County elected by the other eight members. The ninth member shall serve as chairman. Each member of the Atlanta-Fulton County Water and Sewer System Board shall serve for a term of four years unless he becomes disqualified or resigns during his term of office, or he is removed for cause at an earlier date, or the office otherwise becomes vacant, in which event the body appointing that member shall appoint a successor to complete the term. Initial board members should be appointed on or before June 1, 1979, said date to be the date of commencement of the

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terms of office of such members. Appointment of successor members to the board shall be in the same manner as provided herein for initial members. Removal of board members shall be by the appointing authority. The Board shall meet at least monthly and elect a Vice Chairman and Secretary. Section 17. Development of Long-range Plan by Board. (a) The Atlanta-Fulton County Water and Sewer System Board shall have the sole responsibility for developing a long-range, comprehensive water and sewer development plan for the entire service area, to include specified and comprehensive goals and objectives for water and sewer service improvements over a fifteen-year period. The reasonable cost of the development of such a plan shall be borne by the Atlanta-Fulton County System. The Board's comprehensive plan shall provide for the appropriate location and timing of capital improvements to the water and sewer system including water and sewer lines to serve the system. The long-range plan which shall be updated every five years, shall also include, consistent therewith, comprehensive water and sewer development plans specifying goals and objectives for water and sewer service improvements over a one-year period and a five-year period. Before the plans established pursuant to this Section shall become effective, such plans shall be approved by the Atlanta-Fulton County Water and Sewer System Board pursuant to procedures established by the Board. Upon the Board's own motion or the recommendation of the City of Atlanta, the Board shall have the authority to change the timing of capital improvements as provided in the plans to coincide with actual development as it occurs. (b) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of water distribution lines to be tapped to the main trunk lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan. (c) In the unincorporated areas of Fulton County, Fulton County shall have the right to determine the physical location of sewer receptor lines and lateral lines to be tapped to the main trunk

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lines in conformity with the comprehensive water development plans; the City of Atlanta and any other municipality receiving services from or belonging to the Atlanta-Fulton County Water and Sewer System shall also have the right to determine the location of the same within its corporate limits, in conformity with the comprehensive water development plan. Any water or sewer lines serving individual properties shall be assessed on a uniform rate basis. (d) In addition to the other duties and responsibilities conferred upon the Board by this Act, the Board shall have the power and authority to: (1) Review and make recommendations to the City of Atlanta with regard to requests for water and sewer services, including denials of such requests, as submitted by any person, firm, corporation or individual from within the service area of the Unified Atlanta-Fulton County Water and Sewer System. (2) Review, monitor and make recommendations to the City of Atlanta concerning the administration and operation of the Unified Atlanta-Fulton County Water and Sewer System; and to require submission of reports, including an annual independent audit, and information as deemed necessary for the exercise of this responsibility and for assuring the efficient operation of the system. (3) Seek redress of grievances, including available remedies of law, on behalf of any citizen within the system's service area who may have a complaint or problem as a result of the operation of the Unified Atlanta-Fulton County Water and Sewer System. Section 18. Revenue Bonds Not Impaired. (a) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent the City of Atlanta from performing and complying in all respects with the terms, covenants, conditions and obligations under the various ordinances related to the issuance by the City of Atlanta of revenue bonds for the purpose of financing the cost of acquiring, operating, maintaining, replacing, adding to, extending and improving its water and sewer system.

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(b) Anything in this Act to the contrary notwithstanding, nothing herein shall prohibit or prevent any other municipality which owns, operates and maintains its own water or sewer system from performing and complying in all respects with the terms, covenants, conditions and obligations under the various ordinances related to the issuance by each such city of revenue bonds for the purpose of financing the cost of acquiring, improving and operating its water or sewer system. Section 19. Issuance of Revenue Bonds by City. (a) In order to finance the acquisition of any part of, or any replacements, additions, extensions, and improvements to the Atlanta-Fulton County Water and Sewer System, the City of Atlanta shall have the power to issue and have validated revenue bonds under the Revenue Bond Law (Acts 1937, p. 761, as amended). Likewise, in the manner provided by said law, the City of Atlanta may issue and have validated refunding revenue bonds for the purpose of paying or refunding all or any part of the revenue bonds or certificates heretofore or hereafter issued by the City of Atlanta, by Fulton County, or by any municipality which conveys its water and sewer system to the City of Atlanta under this Act. Said refunding may be accomplished by the sale of such refunding revenue bonds and the application of the proceeds of said sale to the retirement of the revenue bonds or certificates being paid or refunded. Such refunding revenue bonds may be sold as provided in the Revenue Bond Law in an amount sufficient for the purpose, and the proceeds thereof may be applied to the payment of principal of and interest (accrued and to accrue) and redemption premiums on said revenue bonds or certificates, whether at maturity or upon earlier redemption prior to maturity in accordance with their terms. Proceeds of such refunding revenue bonds may be invested in direct obligations of the United States of America which, with interest to be earned thereon, will be sufficient to pay when due all principal, interest and redemption premiums to become due on the revenue bonds or certificates being paid or refunded; thereupon provision shall be deemed made for the payment of said revenue bonds or certificates when said refunding revenue bond proceeds and investments (with any available money from other sources) are deposited in irrevocable trust with a bank or trust company having an aggregate capital and surplus not less than the face amount of the revenue bonds or certificates being paid or refunded. The instrument creating said trust shall require such money and investments to be held and paid out solely for the purpose of

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paying principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, together with any costs of issuing said refunding revenue bonds and expenses of maintaining and operating said trust prescribed by the proceedings authorizing said refunding revenue bonds. When provision for the payment of an issue of revenue bonds or certificates is made as above described, all obligations of the issuer to the holders thereof shall be deemed satisfied and the covenants securing said revenue bonds or certificates need no longer be observed; provided, however, that if and whenever the money and investments held as above provided should fail to be sufficient to pay when due all principal of and interest and redemption premiums on the revenue bonds or certificates being paid or refunded, then the holders of said revenue bonds or certificates shall have a right to payment from the revenues of the Atlanta-Fulton County System on a basis subordinate to all revenue bonds which may have theretofore been issued by the City of Atlanta payable from such revenues, or on such other basis as may be determined by a court to be required by State or Federal Constitution. (b) As an alternative to the method prescribed above to provide for the payment in advance of maturity of revenue bonds or certificates, the City of Atlanta may issue refunding revenue bonds in a principal amount sufficient (without regard to interest on investments) to pay all principal, interest and redemption premiums necessary to retire the revenue bonds or certificates being paid or refunded, whether at maturity or upon some earlier redemption date or dates in accordance with their terms, and to pay all expenses incidental thereto, and may cause said money to be invested and held in trust as described above, yet pledge interest on investments to the payment of the refunding revenue bonds, or to the payment of a portion of the refunding revenue bonds as sole or partial security and source of payment for said portion of the refunding revenue bonds. (c) Revenue bonds issued hereunder (whether for refunding, acquisition or improvement and extension purposes) may mature serially or be term bonds or any combination of term and serial bonds. Term bonds may be subject to mandatory redemption prior to maturity or may be payable from a sinking fund to be accumulated and invested in direct obligations of the United States of America or obligations unconditionally guaranteed by the United

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States of America maturing no later than the maturity date of the revenue bonds for the payment of which the money so invested is held in such sinking fund. Section 20. Liberal Construction of Act. This Act, being for the welfare of various political subdivisions of the State and its inhabitants, shall be liberally construed to effect the purposes thereof. Section 21. Effective Date. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to create a unified municipal-county water and sewer system in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970, or any future such census, is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on June 1, 1979. Section 22. 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 23. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon request of the Atlanta/Fulton County Study Commission, Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, local legislation to create a unified Atlanta-Fulton County Water and Sewer System; to require the City of Atlanta to own, operate, manage and finance the Atlanta-Fulton County System; to prohibit the operation of any other

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water or sewer system by the City of Atlanta or Fulton County; and for other purposes. This 13th day of January, 1978. /s/ Sidney J. Marcus Representative, 26th District PUBLISHER'S AFFIDAVIT. 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 President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 30th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978.

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FULTON COUNTYCOUNTY-WIDE LIBRARY SYSTEM. No. 1453 (House Bill No. 1608). AN ACT To provide the procedures for the establishment of the County-wide Library System in Fulton County; to provide the procedures for the transfer of all existing library services and facilities located within unincorporated Fulton County, and within any municipality located wholly or partially within Fulton County, together with the property, debts, assets, and employees thereof, to the County-wide Library Service; to provide that Fulton County, as the funding government of the County-wide Library Service, shall be responsible for paying all bond debt service requirements on the new Central Building for the Atlanta Library System; to provide for the composition of the Library Board of Trustees and for the manner of appointment of members thereto; to provide conditions for the effectiveness of this Act and for an effective date; to provide for the City of East Point to retain title to the real estate and building of its library; to provide for severability; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. (a) After midnight December 31, 1978, all public library services and facilities in unincorporated Fulton County and within all parts of any municipality located wholly or partially within Fulton County shall be maintained, operated, and continued in existence by the County-wide Library Service, and no municipality located wholly or partially within Fulton County may operate a public library system or facility. (b) On or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a public library service or facility, shall transfer to Fulton County for operation of the County-wide Library Service all assets, records, employees, causes of action, rights, obligations, debts, and all other personal property used in the normal operation of the municipality's library service or facility.

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(c) Except as otherwise provided herein, on or before January 1, 1979, each municipality located wholly or partially within Fulton County, which operates a public library service or facility shall transfer to Fulton County for operation of the County-wide Library Service, the legal title to all real property with a library service or facility thereon, together with all rights and appurtenances thereto and subject to all liens and encumbrances thereon. In the event that the County-wide Library Service shall fail to use, by January 1, 1980, or shall discontinue to use, any real property transferred pursuant to this Section for a library facility or service, legal title to said real property will automatically revert to the transferring municipality. (d) On or before January 1, 1979, the City of Atlanta shall lease to Fulton County, for the operation of the County-wide Library Service, the new Central Building for the Atlanta Library System and all other real property of the City of Atlanta Library System. During the term of said lease, lease payments on such property shall be paid by Fulton County in an amount equal to the bond debt service requirements of all property of the library system leased pursuant to this Section. Upon discharge and retirement of said bonds, the City of Atlanta shall transfer legal title to all such real property of the Atlanta Library System to Fulton County. (e) Notwithstanding anything contained herein, nothing shall compel conveyance of the real estate and building upon which the East Point City Library is situated. The City of East Point shall retain title to the real estate and structure located thereon and shall by contract provide the use of such building and real estate to the County-wide Library Service. Section 2. Persons who are full-time, permanent employees of any library facility transferred to the County-wide Library Service shall have the right to enter the employment thereof without any lapse or hiatus in their employment on the terms provided herein. The terms of this paragraph shall apply only to those positions with existing library facilities which are abolished by the dissolution of those facilities. No employee transferred to the County-wide Library Service shall suffer a decrease in salary as a result of being transferred. Every transferred employee shall be assigned by the Library Board of Trustees to a position of employment similar to that occupied by the employee with the former library facility. After

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being so assigned, all such employees shall be subject to the Civil Service laws and regulations of the County. For any purpose involving seniority or requiring computation of the period of employment, the former employment with the then existing library facility or the municipal government shall be given the same effect as employment with the County government. Nothing in this Section shall affect the power of the Library Board of Trustees of the County-wide Library Service or any other duly authorized officer to dismiss employees for grounds set forth in existing laws and regulations. Section 3. (a) As to pension and retirement rights and benefits of employees being transferred from a municipality to the County, all creditable service with the Pension Fund of his former employer shall be credited with the Pension Fund of his new employer in accordance with the following procedure. (b) Within thirty (30) days from the date such employee is transferred, the Secretary of the Pension Fund of the former employer shall certify to the Secretary of the Pension Fund of the new employer the total number of years of service, including fractional parts of years, accrued to the credit of each such employee; the amount due such Pension Fund by each such employee for such credit, if any; the amount of accumulated employee contributions; and the amount of employer matching contributions. Said Secretary shall transfer all funds contributed by said employee, together with all employer matching contributions, to the Secretary of the Pension Board of the new employer. In the event that such employee shall owe any sum for prior service credits, said sum shall be payable by such employee to the Pension Fund of the new employer. In the event that any employee shall have withdrawn any amounts contributed by him to the Pension Fund of his former employer, the certification of the Secretary of such Pension Fund shall indicate the amount of such contributions withdrawn and the amount of funds transferred to the Secretary of the Pension Fund of the new employer shall not include such amounts withdrawn by the employee, but shall be payable by the employee to the Pension Fund of the new employer upon his transfer or at the option of the Board of Trustees of the Pension Fund of the new employer, such payment may be deferred and paid in equal installments over a period of sixty (60) months with interest at the rate of seven percent (7%) per annum. Upon the date of transfer, the transferred employee shall

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become a member of the Pension Fund of his new employer and shall have his rights and obligations determined in accordance with the most recent amendments to such Pension Fund, but shall be entitled to receive no less benefits from such Pension Fund than he would have been entitled to receive under the most recent amendments to the Pension Fund of his former employer on the day prior to his transfer. Upon such certification and transfer of funds, as provided above, such employee shall become entitled to credit for all years of service which may have accrued to him with his former employer to the same extent as if such service had been rendered to his new employer, without the payment of additional contributions (other than amounts previously due for prior service credits or amounts due for withdrawn contributions). The funds transferred in accordance with the above provisions shall become the property of the Pension Fund of the new employer. Section 4. (a) Responsibility for constructing, operating, and maintaining all library facilities and services within all above-mentioned portions of Fulton County shall be hereinafter vested in the County-wide Library Service which shall be administered by the Library Board of Trustees. The members of the Board of Trustees of the Atlanta Public Library at the time of the effective date of this amendment shall be and become members of the Library Board of Trustees and shall serve in that capacity through midnight December 31, 1979. Commencing January 1, 1980, the composition of the Library Board of Trustees shall be as hereinafter provided and each member shall serve a term of four years; provided that the term shall expire at midnight on December 31 of the fourth year of each member's term. (b) The Mayor of the City of Atlanta or his designee shall serve on the Library Board of Trustees in an ex officio capacity. The Mayor of the City of Atlanta shall also appoint one member of the Atlanta City Council to serve as a regular member on the Library Board of Trustees. The Chairman of the Fulton County Board of Commissioners or his designee shall also serve on the Library Board of Trustees in an ex officio capacity; and the Board of Commissioners shall elect one member from their board to serve as a regular member on the Library Board of Trustees. In addition, the Fulton County Board of Commissioners shall appoint two members from each of the four County Commission districts and two members from the County at large; provided, however, that four members appointed

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from said County Commission districts shall be residents of the City of Atlanta, and one member appointed from the County at large shall be a resident of the City of Atlanta. Section 5. This Act shall become effective only if an amendment to the Constitution providing for the transfer of all existing library facilities and services located within any county of this State having a population of 600,000 or more according to the United State Decennial Census of 1970 or any future such census and within any municipality located wholly or partially within such county is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. Section 6. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. Section 7. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Upon request of the Atlanta/Fulton County Study Commission, Notice is hereby given that there will be introduced at the regular 1978 Session of the General Assembly of Georgia, local legislation to provide for the establishment of a County Wide Library System in Fulton County, to be funded by Fulton County; to prohibit any municipality to operate a public library system in Fulton County; and for other purposes. This 13th day of January, 1978. /s/ Sidney J. Marcus Representative, 26th District

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PUBLISHER'S AFFIDAVIT. 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 President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 16, 23, 30 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 30th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978. FINANCING OF SERVICES IN CERTAIN COUNTIES (600,000 OR MORE). No. 1454 (House Bill No. 1609). AN ACT To provide for the financing of services in any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census; to provide for the applicability of this Act; to provide for definitions;

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to provide for tax service districts; to provide requirements relative to the financing of services within counties subject to the provisions of this Act; to provide for other matters relative to the foregoing; to provide for the intention of the General Assembly; to provide for severability; to provide the conditions upon which this Act shall be effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Applicability. This Act shall apply to any county of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census. Section 2. Definitions. As used in this Act, unless the context clearly requires otherwise, the following words or terms shall have the following meanings: (a) County means any county subject to the provisions of this Act. (b) County governing authority means the board of commissioners or any other body or official, by whatever name designated, now or hereafter established as the governing authority of a county. (c) Municipality means any municipality lying wholly or partially within the county. (d) Municipal governing authority means the mayor and council or other body or official, by whatever name designated, now or hereafter, established as the governing authority of a municipality. (e) Tax service district means any specific geographical area of the county, not embracing the entire area of the county, that is established by the county governing authority, pursuant to the requirements of this Act, as a taxing district within which district services are provided. (f) District Service means any one or more of the following governmental services: (1) Police Protection

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(2) Fire Protection, but only as provided by Section 6 of this Act. (3) Solid Waste Collection (4) Building and Housing Code Enforcement (5) Public works (street and road construction and maintenance, including curbs, sidewalks, streetlights, and traffic control devices). (6) Any other county governmental service hereafter declared as a district service by the county governing authority, including the provision of a countywide service to a greater extent within a tax service district than is provided throughout the total geographical area of the county. (g) Countywide Service means any county governmental service, other than a district service, which is available to the residents of the entire county, and the facilities for any such service may be located within any municipality of the county. (h) Population means population according to the most recent United States Decennial Census. Section 3. Tax Service District. Except as otherwise provided in subsection (a) of Section 8 of this Act, the county governing authority is hereby prohibited from assessing, levying and collecting ad valorem taxes, or expending public funds from taxes and from other tax and nontax revenues to finance, exercise, perform or provide any district service, except when such taxes and other revenues to provide such district service are assessed, levied and collected only within a tax service district created pursuant to this Act. Any Federal and State grants received by the county expressly for a service which is a district service shall be considered as revenue raised within the tax service district for the purposes of this Section. Revenues raised within tax service districts for the purpose of financing district services shall not be used for financing any countywide service. Section 4. Creation of Initial Tax Service District. (a) Except as provided by Section 6 of this Act, within 90 days following the effective date of this Act, the county governing authority shall establish within portions of the unincorporated territory of the county tax

Page 4659

service districts within which the county government shall finance, exercise, perform or provide district services on a reasonably uniform basis within such tax service districts. One or more tax service districts shall be established within a portion or portions of the unincorporated territory of the county which meet the following criteria: (1) Each such tax service district must contain a resident population of 10,000 or more persons; and (2) Ninety percent of the land area, which shall not include bodies of water in excess of two acres or parks, cemeteries or golf courses, comprising the geographical area of the tax service district must contain a ratio of housing units to land area equivalent to at least 20 housing units per 100 acres of land. (3) Each tax service district created under this subsection (a) shall be composed only of contiguous areas. (b) Subject to the limitations provided by Sections 8 and 9 of this Act, the ad valorem taxes, service charges and fees assessed levied and collected by the county governing authority within each tax service district established pursuant to subsection (a) above for the provision of district services therein shall be in accordance with the kind, character, type and degree of district services provided within each such tax service district. (c) Portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall constitute one or more tax service districts, and the ad valorem taxes, service charges and fees assessed, levied and collected by the county governing authority within such tax service districts for the provision of district services therein shall be in accordance with the requirements of subsection (b) of this Section. Portions of the unincorporated territory of the county which are not included within a tax service district established pursuant to subsection (a) of this Section shall be aggregated to form a tax service district under this subsection when the distance between such portions does not exceed two miles. Section 5. Creation of Additional or Modification of Existing Tax Service Districts. (a) The boundaries of the initial tax service

Page 4660

districts provided for by subsection (a) of Section 4 of this Act shall be modified from time to time by the county governing authority or additional tax service districts shall be created by the county governing authority within the unincorporated territory of the county as additional portions thereof meet the criteria set forth in subsection (a) of Section 4 of this Act. It shall be the duty of the county governing authority to make or cause to be made an annual study of the portions of the unincorporated territory of the county not included within tax service districts established pursuant to subsection (a) of Section 4 and to modify such tax service districts or create new tax service districts to include portions of the unincorporated territory of the county meeting the criteria set forth in subsection (a) of Section 4. When the boundaries of any initial tax service district are modified or a tax service district within the unincorporated territory of the county is subsequently created as authorized herein, then the boundaries of any tax service district provided for by subsection (c) of Section 4 of this Act shall be modified in accordance with the modified boundaries of such initial tax service districts or in accordance with the boundaries established for any subsequently created tax service district, or both, as the case may be. (b) The county governing authority shall be authorized to create a tax service district within a municipality or any portion thereof only when: (1) That municipality duly adopts a resolution expressly authorizing the county to assess, levy and collect ad valorem taxes within the municipality or any portion thereof for the purpose of raising revenue for the provision of a district service within such municipality or any portion thereof; or (2) The county is authorized to assess, levy and collect ad valorem taxes within the municipality or any portion thereof pursuant to a contract between the governing authority of the county and the governing authority of the municipality for the provision of a district service within the municipality or any portion thereof. The provisions of this subsection shall apply only to that portion of a municipality lying wholly within the county.

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(c) Registered voters residing within an unincorporated portion of the county, which contains at least 300 housing units or a population of at least 1,000 persons, may, by petition to the county governing authority, propose the creation of a tax service district for provision of any one or more district services, as specified by such petition. The petition shall contain a legal description of the proposed portion of the unincorporated area to be embraced within the tax service district and shall bear signatures equal in number to at least 15% of the registered voters residing in the geographical area described in the petition. Only registered voters who reside within the geographical area described in the petition shall be eligible to sign the petition. The petition shall be filed with the superintendent of elections of the county who shall certify as to its sufficiency within 45 days after the date it is filed. If the petition is found to be sufficient, the county governing authority shall call a special election to be held at the next general county election following the date of the certification of the petition. Said election shall be held only in the proposed tax service district. If a majority of those voting in the election approve the proposal to establish a tax service district, the county governing authority shall create the tax service district and begin providing the district services requested by the initiative petition and begin taxation for the provision thereof by the beginning of the calendar year next following the date of the initiative referendum. A tax service district created pursuant to the authority of this subsection shall be created for the purpose of securing a higher level of one or more district services, and any such tax service district shall be in addition to any other tax service district created by or pursuant to other provisions of this Act. Section 6. Fire Districts. (a) Fire districts existing within the county on the effective date of this Act shall continue unaffected by this Act unless changed or modified in accordance with subsection (b) of this Section. (b) The county governing authority shall divide the unincorporated area of the county into districts, without regard to uniformity of area or population, for the purpose of providing to the residents of said districts, fire protection services and systems of fire protection. Within twelve months of the effective date of this Act, the county governing authority shall create, establish, and maintain said fire service districts so that all fire protection services and systems of fire protection provided within the unincorporated

Page 4662

portion of the county shall be delivered through fire service districts. The establishment of fire service district boundary lines shall be determined by the county governing authority, and may be altered in accordance with the provisions of this Section. If the boundary of any existing fire service district is altered, changed, or abolished so as to delete a portion of the unincorporated area of the county from such service district, the portion of the county so deleted must be encompassed within the boundaries of another fire service district. Upon the establishment of such districts the county governing authority shall levy and collect taxes only within such district or districts to defray the costs of such services, and the allocation of costs for financing such fire protection services shall be in accordance with the provisions of subsections (b) through (e) of Section 8 of this Act. (c) The county governing authority is authorized to create fire service districts within a municipality or any portion thereof only in accordance with the provisions of subsection (b) of Section 5 of this Act. (d) The provisions of subsection (a) of Section 8 of this Act shall not apply to fire service districts as provided herein. Section 7. Uniformity Required. District services provided by the county governing authority within a tax service district created pursuant to this Act shall be reasonably uniform throughout the total area of the tax service district. Section 8. Taxation and Allocation of Costs to Tax Service Districts. (a) The costs necessary for providing district services within the tax service districts created pursuant to subsection (a) of Section 4 of this Act or created by subsection (c) of Section 4 of this Act or created pursuant to subsection (a) of Section 5 of this Act, if created prior to the 1983 county fiscal year, shall be allocated to such tax service districts upon the following basis: (1) In the 1979 county fiscal year, the tax service district or districts shall defray 20% of the cost of providing district services and the countywide general funds shall defray 80% of the cost of such services.

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(2) In the 1980 county fiscal year, the tax service district or districts shall defray 40% of the cost of providing district services and the countywide general funds shall defray 60% of the cost of such services. (3) In the 1981 county fiscal year, the tax service district or districts shall defray 60% of the cost of providing district services and the countywide general funds shall defray 40% of the cost of such services. (4) In the 1982 county fiscal year, the tax service district or districts shall defray 80% of the cost of providing district services and the countywide general funds shall defray 20% of the cost of such services. (5) In the 1983 county fiscal year, and thereafter, the tax service district or districts shall defray 100% of the cost of providing district services until such time as thereafter modified or changed pursuant to this Act. (b) The assessment of real and personal property for ad valorem tax purposes shall be uniform throughout the entire area of the county; provided that the rate of additional taxation in any tax service district may vary from that in the total area of the county or from that in another tax service district. (c) Except as otherwise provided in subsection (a) of this Section, when any service, facility or function is provided or maintained only for one or more tax service districts, the total costs of providing or maintaining the service, facility or function for each tax service district shall be allocated to that district. When a countywide service, facility or function is provided in a tax service district to a greater extent than such countywide service is provided in the total geographical area of the county, the total costs of providing or maintaining the countywide service facility or function at a higher level in the tax service district shall be allocated to that district, and the taxation of property to finance such higher or more intense level of a countywide service shall be uniform throughout the area of the tax service district. (d) The costs of maintaining or providing for a tax service district a service, facility or function in addition to, or to greater extent

Page 4664

than, those services, facilities or functions provided for the total geographical area of the county, include operating, maintenance and repair expenses, capital improvement costs, and the debt service on bonds or notes issued to finance capital improvements associated with the service, facility or function. (e) All general obligation bonds issued prior to the effective date of this Act by the county government, and the principal of and interest on such bonds shall be paid from ad valorem taxes or other revenues collected within the total territorial limits of the county government, or in accordance with the obligations incurred in the issuance of such bonds. The principal of and interest on any general obligation bonds issued after the effective date of this Act for the purpose of financing a district service facility or function shall be paid from ad valorem taxes or other revenues collected within the tax service district in which such service, facility or function is provided. Notwithstanding any other provision of Article IX, Section VII, Paragraph I of the Constitution, the referendum on the question of the issuance of general obligation bonds to finance a facility or service within a tax service district provided for by this Act shall be submitted only to the qualified electors residing within such district. The total bonded indebtedness of any county subject to this Act shall not exceed the limitation prescribed in Article IX, Section VII, Paragraph I of the Constitution. Section 9. District Millage Limitations. (a) The total ad valorem tax millage rate established for the provision of district services within any tax service district created pursuant to subsections (a) and (c) of Section 4 or subsection (a) of Section 5 of this Act shall not be raised by more than five mills above the level established for such tax service district for the 1983 county fiscal year, except with the approval of a majority of the voters residing within said tax service district voting at an election called for such purpose as hereinafter provided. If, for any county fiscal year subsequent to the 1983 county fiscal year, the county governing authority proposes to raise the ad valorem tax millage rate above the limit set herein, said governing authority shall instruct the superintendent of elections to issue the call for an election for the purpose of submitting the question of raising such limit to a new limit or, as an alternative, for the purpose of submitting the question of removing any limit on the ad valorem tax millage rate for such tax service district. The superintendent shall issue the call for such election within ten days after receiving

Page 4665

such instructions from the county governing authority and shall set the date of such election for a day not less than 30 nor more than 45 days after the date the call was issued. Such question shall be submitted only to the qualified electors of the county residing within the tax service district. If the question submitted to the voters is the establishment of a new limit on the ad valorem tax millage rate for such tax service district, the ballot question shall specify the new limit. If a majority of the voters voting on such question vote in favor of such new limit, such new limit shall be effective for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged. If a new limit is established, the same procedure authorized herein may be repeated from time to time for the purpose of establishing other limits for the ad valorem tax millage rate for such tax service district. If the question submitted to the voters is on the removal of the ad valorem tax millage rate for such tax service district, the ballot question shall clearly state such question. If the majority of the voters voting on such question vote in favor of the removal of said ad valorem tax limit, there shall be no limit on the levy of ad valorem taxes within such tax service district for all subsequent county fiscal years, but otherwise the limit provided for herein shall remain unchanged, unless a new limit is subsequently established for such tax service district pursuant to the requirements of this Section. (b) In the event a new tax service district is created pursuant to subsection (a) of Section 5 of this Act at any time subsequent to the 1983 county fiscal year, the ad valorem tax millage rate limit for such tax service district shall be the highest ad valorem tax millage rate in effect within any tax service district in existence immediately preceding the creation of such new tax service district, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section. (c) In the event a tax service district created pursuant to subsection (a) of Section 4 or subsection (a) of Section 5 of this Act is modified at any time subsequent to the 1983 county fiscal year to include any additional portion of the unincorporated area of the county, or in the event any tax service district created by subsection (c) of Section 4 of this Act is modified to delete a portion of the unincorporated area of the county formerly included therein, the ad valorem tax millage rate limit for such modified tax service district shall be the highest ad valorem tax millage rate in effect within any tax service

Page 4666

district in existence immediately preceding such modification, but such limit may be increased or removed in accordance with the procedures set forth in subsection (a) of this Section. (d) The provisions of this Section shall not apply to ad valorem taxes for the purposes of bonded indebtedness as provided by subsection (e) of Section 8 of this Act. Section 10. Intent. It is the intention of the General Assembly that the county governing authority shift the cost of district services in accordance with the provisions of this Act to the tax digest of the tax service district and other associated revenues and remove the cost thereof from the general county tax levy. Section 11. 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 12. When Requirements Effective. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide for financing of services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census, is ratified at the 1978 general election. If said constitutional amendment is so ratified, this Act shall become effective on January 1, 1979. This Act shall remain in effect only so long as said constitutional amendment remains in force as a part of the Constitution. Section 13. Repealer. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

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MUNICIPAL HOME RULE ACT OF 1965 AMENDEDANNEXATION IN CERTAIN COUNTIES (600,000 OR MORE). No. 1455 (House Bill No. 1610). AN ACT To amend an Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, so as to prohibit the General Assembly from enacting an act to annex an area larger than forty acres or having more than 50 residents to any municipality lying wholly or partially within any county of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, unless such act calls for a referendum to ratify or reject the annexation; to provide the conditions upon which this Act shall be effective; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act known as The Municipal Home Rule Act of 1965, approved March 26, 1965 (Ga. Laws 1965, p. 298), as amended, is hereby amended by striking the period appearing at the end of Section 2 and inserting in lieu thereof the following: ; provided, however, the General Assembly shall be prohibited from enacting an act to annex an area larger than forty acres or having more than 50 residents to any municipality lying wholly or partially within any county of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, unless such local act calls for a referendum to ratify or reject the annexation, said referendum to be held only within the territory proposed to be annexed., so that, when amended, Section 2 shall read as follows:

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Section 2. Creation, Dissolution, Merger, Boundary Changes. No municipality shall be incorporated, dissolved, merged or consolidated with any other municipality or municipal boundaries changed, except by local act of the General Assembly or by such methods as may be provided by general law; provided, however, the General Assembly shall be prohibited from enacting an act to annex an area larger than forty acres or having more than 50 residents to any municipality lying wholly or partially within any county of this State having a population in excess of 600,000 according to the 1970 United States Census, or any future such census, unless such act calls for a referendum to ratify or reject the annexation, said referendum to be held only within the territory proposed to be annexed. Section 2. Condition for effectiveness; effective date. This Act shall become effective only if an amendment to the Constitution authorizing the General Assembly to provide for financing services in counties of this State having a population of 600,000 or more according to the United States Decennial Census of 1970 or any future such census is ratified at the 1978 general election. If said amendment to the Constitution is so ratified, this Act shall become effective on January 1, 1979. Section 3. If a certain Act of the General Assembly establishing requirements relative to the financing of services in counties of this State having a population of 600,000 or more is declared unconstitutional by a court of competent jurisdiction, does not become effective, is repealed, or is declared invalid for any reason, this Act shall be null and void. Section 4. All laws and parts of laws in conflict with this Act are hereby repealed. Approved April 10, 1978.

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FULTON COUNTYCIVIL SERVICE BOARD ACT AMENDED. No. 1456 (House Bill No. 1611). AN ACT To amend an Act creating a Civil Service Board in Fulton County, approved March 15, 1943, (Georgia Laws 1943, page 971) so as to make different provisions relative to the payments of members of the board; to change the procedure relative to dismissal of individuals violating the provisions of the Act; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. An Act creating a Civil Service Board in Fulton County, approved March 15, 1943, (Ga. Laws 1943, page 971), as amended, is further amended by striking therefrom Sub-paragraph (3) of Section 3 thereof and inserting in lieu thereof a new sub-paragraph (3) which shall read as follows: (3) The members of the Board shall be paid at a rate established and approved by the governing authority of Fulton County on a per diem basis for the time actually devoted to the business of the Board. Section 2. Said Act is further amended by striking therefrom Section 22 thereof in its entirety and inserting in lieu thereof a new Section 22, which shall read as follows: Section 22. Dismissal for Violation : Any person in the classified service violating any provision of this Act may be dismissed from the classified service. Such dismissal shall be in accordance with Section 18 of this Act. Section 3. All laws and parts of laws in conflict with this Act are hereby repealed. Notice of Intention to Introduce Local Legislation. Notice is hereby given that there will be introduced at the Session of the General Assembly of Georgia convening in January 1978, a

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Bill to amend an Act creating a Civil Service Board in Fulton County, approved March 15, 1943, (Ga. Laws 1943, page 971, as amended); This 12th day of January, 1978. /s/ John Tye Ferguson Associate Fulton County Attorney PUBLISHER'S AFFIDAVIT. 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 President of the Daily Report Company, publishers of the Fulton County Daily Report, official newspaper published at Atlanta, in said county and State, and that the publication, of which the annexed is a true copy, was published in said paper on the 13, 20, 27 days of January, 1978, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 27th day of January, 1978. /s/ Maiodis F. Palmer Notary Public, Georgia State at Large. My Commission Expires Nov. 16, 1979. (Seal). Approved April 10, 1978.

Page 4671

CITY OF ATLANTARESIDENCY REQUIREMENTS FOR MAYOR, COUNCIL MEMBERS, ETC. No. 1486 (House Bill No. 277). 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. Laws 1973, p. 2188), as amended, so as to change the provisions relating to qualifications of Council members, the President of the Council and the Mayor; to provide an effective date; to repeal conflicting laws; and for other purposes. Be it enacted by the General Assembly of Georgia: Section 1. Notice of the intention to apply for the passage of this local bill has been published in the newspaper in which the sheriff's advertisements for Fulton County are published, namely, in the Fulton County Daily Report, once a week for three weeks during a period of sixty days immediately preceding its introduction in the General Assembly. Attached hereto and made a part of this bill is a copy of said notice, accompanied by an affidavit to the effect that said notice has been published as provided by law, and it is hereby declared that all the requirements of the Constitution of the State of Georgia, relating to publication of notice of intention to apply for the passage of this local legislation, have been complied with for the enactment of this law. Section 2. An Act approved March 16, 1973 (Ga. Laws 1973, p. 2188), which reincorporated the City of Atlanta in the Counties of Fulton and DeKalb, created a new Charter for such city and for other purposes, as amended, is hereby amended by striking in its entirety paragraph (3) of subsection (b) of Section 2-102 and inserting in lieu thereof a new paragraph (3) of subsection (b) to read as follows: (3) Must not hold any elective public office, or hold any position of full-time employment with the State of Georgia, any county thereof, or with the City.

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Section 3 . Said Act is further amended by striking in its entirety paragraph (2) of subsection (b) of Section 2-202 and inserting in lieu thereof a new paragraph (2) of subsection (b) to read as follows: (2) Must not hold any elective public office, or hold any position of full-time employment with the State of Georgia, any county thereof, or with the City. Section 4 . Said Act is further amended by striking in its entirety paragraph (2) of subsection (b) of Section 3-102 and inserting in lieu thereof a new paragraph (2) of subsection (b) to read as follows: (2) Must not hold any elective public office, or hold any position of full-time employment with the State of Georgia, any county thereof, or with the City. 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. /s/ William M. (Bill) Alexander Legislative Coordinator City of Atlanta

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Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, G. D. Adams, who, on oath, deposes and says that he/she is Representative from the 36th District, and that the attached copy of Notice of Intention to Introduce Local Legislation was published in the Fulton County Daily Report which is the official organ of Fulton County, on the following dates: December 16, 23, 30, 1976 and January 6, 1977. /s/ G. D. Adams Representative, 36th Dristrict Sworn to and subscribed before me, this 17th day of January, 1978. /s/ W. M. Alexander Notary Public. (Seal). Approved April 11, 1978. AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY ACT AMENDEDSALES TAXES. No. 1487 (House Bill No. 1055). AN ACT To amend an Act known as the Augusta-Richmond County Coliseum Authority Act, approved April 17, 1973 (Ga. Laws 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3207), and by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4681), so as to provide that the Authority shall be exempt from sales and use taxes on property purchased directly by the Authority; to provide an effective date; to repeal conflicting laws; and for other purposes.

Page 4674

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. Laws 1973, p. 3042), as amended by an Act approved March 22, 1974 (Ga. Laws 1974, p. 3207), and by an Act approved April 25, 1975 (Ga. Laws 1975, p. 4681), is hereby amended by striking the last sentence of Section 20, which is as follows: The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the Authority., and substituting in lieu thereof the following: The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The Authority shall be exempt from sale and use taxes on sales to the Authority when paid for directly by the Authority., so that when so amended, Section 20 shall read as follows: Section 20. Same; Exemption from Taxation; Covenant of StateIt is hereby found, determined and declared that the Creation of the Authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of this State, and that the Authority is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this Act, and this State covenants with the holders of the bonds that the Authority shall not be required to pay any taxes or assessments upon any of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of the projects erected by it or any fees, tolls or other charges for the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall at all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants or lessees of the Authority. The Authority shall be exempt from sale and use taxes on sales to the Authority when paid for directly by the Authority.

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Section 2 . This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 3 . All 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 1977 Session of the General Assembly of Georgia, a Bill to amend the Act creating the Augusta-Richmond County Coliseum Authority (Ga. L. 1973, p. 3042), as amended by Ga. L. 1974, p. 3207 and Ga. L. 1975, p. 4681; to provide that the Authority shall be exempt from sale and use taxes on property purchased by the Authority; and for other purposes. This 20th day of January, 1977. /s/ Robert C. Daniel, Jr. Richmond County Attorney Georgia, Fulton County. Personally appeared before me, the undersigned authority, duly authorized to administer oaths, Jack Connell, who, on oath, deposes and says that he/she 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. 22, 29 and Feb. 5, 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 April 11, 1978.

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ACTIONS OF COUNTY GOVERNING AUTHORITIES PURSUANT TO CONSTITUTIONAL AMENDMENT PROVIDING HOME RULE FOR COUNTIES

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DeKALB COUNTYNON-MERIT EMPLOYEES An Ordinance. By the Board of Commissioners of DeKalb County under the Home Rule Provisions for Counties of the Constitution of the State of Georgia to amend an Act, as amended, amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County creating a chairman and board of commissioners or the county, prescribing their districts, duties, responsibilities, terms of office, method of election and related matters by an act of the General Assembly of 1956, Ga. Laws 1956, p. 3237, et seq., as amended, so as to delete from said 1956 Act Section 14 prescribing the manner of the employment, compensation and dismissal of county employees and to insert in lieu thereof the provision that all non-merit system employees shall be employed, discharged, promoted and their compensation established in accordance with action by a majority of the members of the board of commissioners; all employees of the county subject to the Merit System shall be appointed, promoted and discharged in accordance with Merit System regulations and such other regulation as may be adopted by a majority of the Board of Commissioners of the county; to repeal conflicting laws and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, and it is hereby ordained by the authority of same that the Act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County creating the Chairman and Board of Commissioners of DeKalb County, prescribing their qualifications, compensation, manner of election, powers, duties, responsibilities, prescribing districts of election and other matters, Ga. Laws 1956, p. 3237, et. seq., as amended, be and the same is hereby further amended as follows: I. By striking Section 14 thereof, which reads as follows: Appointment of county officials and employees. The chairman shall have the exclusive power and authority to appoint, remove, and fix the compensation of, within budgetary provisions

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and in accordance with civil service and merit system laws of DeKalb 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 their employees. Such appointment and/or removal shall be subject to approval by the Board of Commissioners in the case of the Director of Finance and the County Attorney. and inserting in lieu thereof a new paragraph to be numbered and to read as follows: Section 14. All department heads, chiefs, directors, superintendents, executives, assistants, accountants, attorneys, agents, servants or employees not covered by the DeKalb County Merit System Regulations and who are subject to the jurisdiction of the governing authority of DeKalb County shall be appointed, their salaries fixed, terms of office established and discharged pursuant to action by a majority of the Members of the Board of Commissioners of DeKalb County, may by ordinance, provided a method of nomination to and removal from the office of the forgoing persons. All employees of DeKalb County covered by the DeKalb County Merit System Regulations shall be appointed, promoted, discharged, their terms of employment and salaries fixed according to the Merit System Regulations or such other pertinent regulations as may be adopted by a majority of the Members of the Board of Commissioners of DeKalb County. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain of full force and effect as if separately adopted.

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IV. This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment and repeal shall have been published in the official organ of DeKalb County 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 DeKalb County for the purpose of examination and inspection by the public. V. This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 14th day of December, 1976, and again on the 28th day of December, 1976, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County. VI. A synopsis of this ordinance was published in the Decatur-DeKalb News on the 9th day of December, 1976, as shown by copy attached, which shall be again published in said official organ of DeKalb County on the 16th day of December, 1976, and the 23rd day of December, 1976. A copy of this ordinance shall be filed with the Clerk of the Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire same. Adopted this the 28 day of December, 1976. /s/ A. C. Guhl Chairman, Board of Commissioners, DeKalb County, Georgia. Attest: /s/ C.M. Sandman Clerk

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Approved as to form: ..... County Attorney I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 28th day of December, 1976. And same appears in Minutes of said Board this 29th day of December, 1976. /s/ C. M. Sandman Clerk, Board of Commissioners DeKalb County, Ga. Public NoticeProposed County Ordinance. Notice is hereby given that there will be considered by the Board of Commissioners of DeKalb County at its regular meeting on the 14th day of December, 1976, and on the 28th day of December, 1976, a proposed Ordinance under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act as amended revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia Laws 1956, p. 3237 et seq., as amended, so as to delete from said Act Section 14 thereof prescribing the manner and method of the employment, compensation and dismissal of county employees by the Chairman of said Board of Commissioners, and to insert in lieu thereof the provision that all non-merit system employees, all department heads, chiefs, directors, superintendents, executives, assistants, accountants, attorneys, servants or employees of DeKalb County, not subject to the Merit System Regulations, shall be appointed, removed from office, their salaries, compensation and expenses fixed by action of the Board of Commissioners, and in accordance with such provisions as may be established by action of the Board of Commissioners.

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A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of DeKalb County, Georgia, for the purpose of examination and inspection by the public. /s/ Manuel Maloof /s/ Liane Levetan /s/ Robert Lanier /s/ William A. Williams Members of Board of Commissioners, DeKalb County, Georgia. Public Notice.Proposed County Ordinance. Notice is hereby given that there will be considered by the Board of Commissioners of DeKalb County at its regular meeting on the 14th day of December, 1976, and on the 28th day of December, 1976, a proposed Ordinance under the Home Rule Provisions for Counties of the Constitution of the State of Georgia, to amend an Act as amended revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia Laws 1956, p. 3237 et seq., as amended, so as to delete from said Act Section 14 thereof prescribing the manner and method of the employment, compensation and dismissal of county employees by the Chairman of said Board of Commissioners, and to insert in lieu thereof the provision that all non-merit system employees, all department heads, chiefs, directors, superintendents, executive, assistants, accountants, attorneys, agents, servants or employees of DeKalb County, not subject to the Merit System Regulations, shall be appointed, removed from office, their salaries, compensation and expenses fixed by action of the Board of Commissioners, and in accordance with such provisions as may be established by action of the Board of Commissioners. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of DeKalb County, Georgia, for the purpose of examination and inspection by the public. Manuel Maloof Liane Levetan Robert Lanier William A. Williams Member of Board of Commissioners, DeKalb County, Georgia.

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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 9, 16 and 23 day of December, 1976. /s/ Gerald W. Crane Publisher Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 29th day of December, 1976. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Filed in Office of Secretary of State January 3, 1977. DeKALB COUNTYEXECUTIVE ASSISTANT. An Ordinance. By the Board of Commissioners of DeKalb County under the Home Rule provisions for counties of the Constitution of the State of Georgia, to amend an Act, as amended, amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County creating a chairman and Board of Commissioners of DeKalb County, prescribing their districts, duties, responsibilities, terms of office, method of election and related matters, by an Act of the General Assembly of 1956, Ga. Laws 1956, page 3237, et seq., as amended, so as to delete from said 1956 Act

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Section 16 providing for the appointment of the executive assistant to the chairman prescribing his qualifications and duties and inserting in lieu thereof a new section to prescribe the method of the appointment and duties of the executive assistant, to provide that such executive assistant shall be appointed and removed by the Board of Commissioners; his compensation fixed by the board; to provide that said executive assistant shall be the chief administrative aide to the chairman; to prescribe the qualifications of the executive assistant, to repeal conflicting laws and ordinances, and for other purposes. Be it ordained by the Board of Commissioners of DeKalb County, Georgia, and it is hereby ordained by the authority of the same, pursuant to the Home Rule Provisions for Counties of the Constitution of the State of Georgia, that the act amending, revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, creating the Chairman and Board of Commissioners of DeKalb County, Georgia, prescribing their qualifications, compensation, manner of election, powers, duties, responsibilities prescribing the districts of election, the method of appointment of an Executive Assistant, and other matters, Ga. Laws 1956, Page 3237, et seq., as amended, be and the same is hereby further amended as follows: I. By striking Section 16 thereof in its entirety, which reads as follows: Section 16. Executive Assistant to Chairman. The Chairman shall appoint, without requirement of approval by the Commission, an Executive Assistant to the Chairman, fix his compensation within budgetary provisions, and assign his duties. Said Executive Assistant shall, in general, exercise such routine duties of the Chairman as shall be delegated to him by the Chairman. The Executive Assistant shall have successfully completed formal training in business administration, engineering or public administration and have had at least two years' experience in one or more of the three fields. The Executive Assistant shall serve at the pleasure of the Chairman, who shall be authorized and empowered from time to time to increase, diminish, alter or modify the duties and compensation of the Executive Assistant, according to his own discretion, within the budgetary provisions.

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and inserting in lieu thereof, a new paragraph to be numbered and to read as follows: Section 16. Qualifications of Executive Assistant. The Board of Commissioners of DeKalb County shall appoint by a majority vote an Executive Assistant to the Chairman, whose compensation shall be fixed by the Board. Said Board may by ordinance provide procedures for the nomination, appointment and removal of the Executive Assistant. The Executive Assistant shall be the chief administrative aide to the Chairman and shall be responsible to the Chairman and the Board of Commissioners for the proper administration of the affairs of the County. When directed to do so by the Chairman, the Executive Assistant may exercise any of the administrative duties and powers vested in the Chairman by law or by ordinances, rules and regulations adopted by the Commission. The Executive Assistant shall be chosen on the basis of executive and administrative qualifications, with special emphasis on actual experience in, or education and training in, accepted practices relative to the administration of the affairs of local government. The Executive Assistant need not be a resident of the State of Georgia at the time of appointment, but must become a resident of DeKalb County, Georgia, prior to assuming the duties of his office. The Executive Assistant shall give bond and be accountable to the Board of Commissioners in the same manner as the Chairman. The Executive Assistant shall hold a degree in public administration, political science, urban affairs, or a related field and must have five (5) years' working experience in a supervisory capacity as an employee, director, administrator, or manager or a city or county government or any state or federal agency, or any combination thereof. No person shall be appointed and hold the office of Executive Assistant to the Chairman who has within a period of two (2) years immediately preceding his or her appointment, been a candidate for elective public office, been the holder of elective public office, or held a management position in the political campaign of any candidate for the office of Chairman of the Board of Commissioners or a member thereof. After appointment, the Executive Assistant shall not take part in the management of any political campaign for any elective public office or hold office in any political party or body.

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Should the Executive Assistant take part in the management of any political campaign for any elective public office or hold office in any political party or body, then such shall constitute cause for his immediate removal by the Chairman or the Board of Commissioners. II. All laws or parts of laws in conflict with this ordinance are hereby repealed. III. Should any part, portion or paragraph of this ordinance be declared unconstitutional or void by a court of competent jurisdiction, such declaration shall not affect the remaining portions of this ordinance not so declared to be invalid, but the same shall remain in full force and effect as if separately adopted. IV. This ordinance shall be presented to the Board of Commissioners of DeKalb County for adoption at two regular, consecutive meetings of the County Commissioners, held not less than seven (7) nor more than sixty (60) days apart after notice containing a synopsis of the proposed amendment and repeal shall have been published in the official organ of DeKalb County 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 Superior Court of DeKalb County for the purpose of examination and inspection by the public. V. This ordinance shall be first presented to the Board of Commissioners of DeKalb County on the 14th day of December, 1976, and again on the 28th day of December, 1976, at the regular time and place of the meeting of the Board of Commissioners of DeKalb County, Georgia.

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VI. A synopsis of this ordinance was published in the Decatur-DeKalb News on the 9th day of December, 1976, as shown by copy attached, which shall be again published in said official organ of DeKalb County on the 16th day of December, 1976, and the 23rd day of December, 1976. A copy of this ordinance shall be filed with the Clerk of the Superior Court for the purpose of examination and inspection by the public, along with sufficient copies of the same for distribution to those members of the public who desire same. VII. The provisions of this ordinance shall become effective on January 1, 1977, or on the date when said office shall become vacant, whichever date is sooner, if said office shall be vacated between the date of this ordinance and January 1, 1977. This ordinance shall apply to any person holding the position of Executive Assistant on or after that date. Adopted this the 28th day of December, 1977. /s/ A. C. Guhl Chairman, Board of Commissioners, DeKalb County, Georgia. Attest: /s/ C. M. Sandman Clerk Approved as to form: County Attorney I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners, DeKalb County, Georgia, DO HEREBY CERTIFY that the foregoing is a true and correct Copy of an ordinance adopted by said Board in meeting lawfully assembled on 28th day of December, 1976.

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And same appears in Minutes of said Board this 29th day of December, 1976. /s/ C. M. Sandman Clerk, Board of Commissioners DeKalb County, Georgia. Public NoticeProposed County, Ordinance. Notice is hereby given that there will be considered by the Board of Commissioners of DeKalb County at its regular meeting on the 14th day of December, 1976, and on the 28th day of December, 1976, a proposed Ordinance under the Home Rule Provisions for Counties of the Constitution of the State of Georgia to amend an Act as amended revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia Laws 1956, p. 3237 et seq., as amended, so as to delete from said Act Section 16 thereof providing for the appointment of the Executive Assistant to the Chairman of the Board of Commissioners by the Chairman of the Board of Commissioners with approval of the Board, prescribing his qualifications and duties, and inserting in lieu thereof a new section to prescribe the method of the appointment and the duties of the Executive Assistant, so as to provide that such Executive Assistant shall be appointed by action of the Board of Commissioners of DeKalb County, his compensation and term of office fixed by said Board, and shall be removed by action of said Board. The Executive Assistant shall be the chief administrative aide to the Chairman and shall be responsible to the Chairman and the Board of Commissioners for the proper administration fo the affairs of the County. The Executive Assistant shall be chosen on the basis of executive and administrative qualifications, with special emphasis on actual experience in, or education and training in, accepted practices relative to the administration of the affairs of local government. He shall hold a degree in public administration, political science, urban affairs, or a related field, and must have five (5) years working experience in a supervisory capacity as an employee, director, administrator or manager of a city or county government or of a state or federal agency, or a combination thereof. No person shall be appointed and hold the office of Executive Assistant to the Chairman, who has within a period of two years immediately preceding his or her appointment, been a candidate for elective office, the holder of

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elective office, or a management position in the political campaign of any candidate for the office of Chairman of the Board of Commissioners or a member thereof. After appointment, the Executive Assistant shall not take part in the management of any political campaign for any elective public office, or hold office in a political party or body. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. Manuel Maloff Liane Levetan Robert Lanier William A. Williams Members, DeKalb County Board of Commissioners. Public NoticeProposed County Ordinance. Notice is hereby given that there will be considered by the Board of Commissioners of DeKalb County at its regular meeting on the 14th day of December, 1976, and on the 28th day of December, 1976, a proposed Ordinance under the Home Rule Provisions for Counties of the Constitution of the State of Georgia to amend an Act as amended revising, superseding and consolidating the laws pertaining to the governing authority of DeKalb County, Georgia Laws 1956, p. 3237 et seq., as amended, so as to delete from said Act Section 16 thereof providing for the appointment of the Executive Assistant to the Chairman of the Board of Commissioners by the Chairman of the Board of Commissioners with approval of the Board, prescribing his qualifications and duties, and inserting in lieu thereof a new section to prescribe the method of the appointment and the duties of the Executive Assistant, so as to provide that such Executive Assistant shall be appointed by action of the Board of Commissioners of DeKalb County, his compensation and term of office fixed by said Board, and shall be removed by action of said Board. The Executive Assistant shall be the chief administrative aide to the Chairman and shall be responsible to the Chairman and the Board of Commissioners for the proper administration of the affairs of the county. The Executive Assistant shall be chosen on the basis of executive and administrative qualifications, with special emphasis on actual experience

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in, or education and training in, accepted practices relative to the administration of the affairs of local government. He shall hold a degree in public administration, political science, urban affairs, or a related field, and must have five (5) years working experience in a supervisory capacity as an employee, director, administrator or manager of a city or county government or of a state or federal agency, or a combination thereof. No person shall be appointed and hold the office of Executive Assistant to the Chairman, who has within a period of two years immediately preceding his or her appointment, been a candidate for elective office, the holder of elective office, or a management position in the political campaign of any candidate for the office of Chairman of the Board of Commissioners or a member thereof. After appointment, the Executive Assistant shall not take part in the management of any political campaign for any elective public office, or hold office in a political party or body. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of DeKalb County for the purpose of examination and inspection by the public. Manuel Maloof Liane Levetan Robert Lanier William A. Williams Members, DeKalb County Board of Commissioners DeKalb County, Georgia. Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 9, 16 and 23 day of December, 1976. /s/ Gerald W. Crane, Publisher

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Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me this 29th day of December, 1976. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Filed in office of Secretary of State January 3, 1977. DeKALB COUNTYMERIT COUNCIL. Resolution. Whereas, Article XV, Section II, of the 1945 Constitution of the State of Georgia, to which an Amendment was ratified in the General Election held on November 8, 1966, and proclaimed by the Honorable Carl E. Sanders, Governor of the State of Georgia, on November 28th, 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 aforementioned Amendment to the Constitution further provides that the county governing authority may amend or repeal the local acts applicable to its governing authorities by resolution or ordinance, duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty-days apart provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official county organ, once a week, for three weeks, within a period of sixtydays immediately preceding its final adoption, such notice stating

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that a copy of the proposed amendment or repeal is on file in the Office of the Clerk of Superior Court of the County for the purpose of examination and inspection by the public; and Whereas, the governing authority of DeKalb County, Georgia, has deemed it to be in the best interest of the administration of its Merit System of Personnel Administration to stagger the terms of its three-member Merit Council, and to increase the length of such terms to five years; and Whereas, in order to accomplish this purpose it is necessary for the local act creating and defining the powers of the present form of county government known as 1956 Georgia Laws, 3111 et seq., as amended, 1966 Georgia Laws, 3051 et seq., as amended by 1970 Georgia Laws 3518 et seq., be further amended in certain particulars; and Now, therefore, be it resolved by the Board of Commissioners of DeKalb County, Georgia, and it is hereby resolved by the authority of the same: That Section 2(b) of 1956 Georgia Laws 3111, as amended by 1966 Georgia Laws 3051, as amended, be amended by striking Section 2(b) therefrom in its entirety, and substituting in lieu thereof, the following language: Section 2(b). Members of the Merit System Council shall be selected for a term of five (5) years each, on the basis of staggered terms, and each shall serve until their successors are named and qualified. Said members of the merit system council shall be appointed by the governing authority of said county, which shall designate one member of the council as its chairman. No member of the merit system council shall have held political office or have been a salaried employee of DeKalb County during the twelve months preceding his appointment. No member of the merit system council may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Board of Commissioners of DeKalb County. Prior to said hearing said member shall be served by registered or certified mail addressed to his residence as shown in the files of said council, at least ten days before the date for said hearing with written specifications of the charges against him.

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That this Resolution has been presented to the full Board of Commissioners of DeKalb County on December 14 and December 28, 1976, after a synopsis of the same has been published in the official organ of DeKalb County, once a week, for three weeks, within the period of sixty days immediately preceding its final adoption on December the 28th, 1976, such publications having been done as shown by the affidavit of a duly authorized representative of the publisher of the County Organ of DeKalb County, a copy of which is attached hereto and a copy of this entire Resolution has been filed with the Clerk of DeKalb County Superior Court for the purpose of examination and inspection by the public, along with several copies for distribution to those members of the public who desire it. Be it further resolved, that upon final adoption of this Resolution that a copy of it, a copy of the required Notice of Publication, and the original Affidavit of the duly authorized representative of the newspaper in which such Notice was published to the affect that such Notice has been published, as provided by the law governing such publications, be certified as true copies by the Clerk of the Board of Commissioners of DeKalb County and transmitted by certified mail, return receipt requested, to the Honorable Ben W. Fortson, Jr., Secretary of State, of the State of Georgia, for filing in his office. Adopted, this 28th day of December, 1976. /s/ A. C. Guhl, Chairman Board of Commissioners of DeKalb County, Georgia Attest: /s/ Cal M. Sandman Clerk. Approved as to form: /s/ H. Judd Herndon, Assistant County Attorney.

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I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by said Board at two consecutive meetings held on the following dates, to wit: December 14th and 28th 1976 and the same appears in the minutes of said Board this 3rd day of March, 1977. /s/ Cal M. Sandman Clerk, Board of Commissioners DeKalb County, Georgia Notice. The Board of Commissioners of DeKalb County, Georgia, hereby gives notice that it intends, at its regular meetings to be held on December 14, 1976, and December 28, 1976, to consider an amendment to DeKalb County Code, Part I, Chapter 6, Section 2(b) et seq., as amended. The amendment to be considered is: Members of the Merit System Council shall be selected for a term of five years each, on a basis of staggered terms. The said Section 2(b), after amendment, will read as follows: Members of the merit system council shall be selected for a term of five (5) years each, on the basis of staggered terms, and each shall serve until their successors are named and qualified. Said members of the merit system council shall be appointed by the governing authority of said county, which shall designate one member of the council as its chairman. No member of the merit system council shall have held political office or have been a salaried employee of DeKalb County during the twelve months preceding his appointment. No member of the merit system council may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Board of Commissioners of DeKalb County. Prior to said hearing said member shall be served by registered or certified mail addressed to his residence as

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shown in the files of said council, at least ten days before the date for said hearing with written specifications of the charges against him. A copy of the above proposed amendment is on file with the Clerk of the Superior Court of DeKalb County, Georgia, and is open to inspection by any interested party. /s/ A. C. Guhl Chairman, Board of Commissioners of DeKalb County Georgia, DeKalb County. Personally appeared before the undersigned, a notary public within and for said county and State, Gerald W. Crane, publisher of the Decatur-DeKalb News, a newspaper published at Decatur, county of DeKalb, State of Georgia, who, being duly sworn, states on oath that the report of Public Notice, a true copy of which is hereto annexed, was published in said newspaper in its issue of the 18 25 day of Nov., 1976 and 2nd Dec. 76. /s/ Gerald W. Crane, Publisher, /s/ Ann Love, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 3rd day of March, 1977. /s/ Betty M. Branch Notary Public, Georgia State at Large. My Commission Expires Oct. 18th, 1977. (Seal). Filed in office of Secretary of State March 7, 1977.

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DeKALB COUNTY BOARD OF COMMISSIONERSTIME OF REGULAR MEETINGS CHANGED. Resolution. Whereas, Article XV, Section II, of the 1945 Constitution of the State of Georgia, to which an amendment was ratified in the General Election held on November 8, 1966, and proclaimed by the Honorable Carl Sanders, Governor of the State of Georgia, on November 28, 1966, authorizes the governing authorities of each county to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and to local government for which no provision has been made by general law, and which is not inconsistent with this Constitution, or any local law, applicable thereto; and Whereas, the aforesaid amendment to the Constitution further provides that the County governing authority may amend or repeal the local acts applicable to its governing authority by a Resolution or Ordinance duly adopted at two regular consecutive meetings of the County governing authority not less than seven (7) no more than sixty (60) days apart, provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official County organ, once a week, for three (3) 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 purpose of examination and inspection by the public; and Whereas, the governing authority of DeKalb County, Georgia, has deemed it to be in the best interest for the administration of the affairs of the County, that the time of the regular meetings of the Board of Commissioners be changed; and Whereas, in order to accomplish this purpose, it is necessary for the local act creating and defining the powers of the present form of County government known as 1956 Georgia Laws, Page 3237, et seq., Article I, Section 10, as amended by 1970 Georgia Laws, Page 3184, et seq., as amended by 1974 Georgia Laws, Page 3995, et seq., be amended in certain particulars; and Now therefore, be it resolved by the Board of Commissioners of

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DeKalb County, Georgia, and it is hereby resolved by the authority of the same: Article I That Georgia Laws 1956, Page 3237, et seq., at Page 3246, Article I, Section 10, as amended by 1970 Georgia Laws, Page 3184, et seq., Page 3186, as amended by 1974 Georgia Laws 3995, et seq., Page 3996, be amended by striking the phrase 10:00 o'clock, A. M., and substituting in lieu thereof the phrase 9:00 o'clock, A. M., so that when so amended, said Article I, Section 10, shall read as follows: Section 10. Meetings. The Board of Commissioners shall hold regular meetings on the second and fourth Tuesdays of each month at 9:00 o'clock, A. M., at the County seat, 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 four members of the Commission, provided all members shall have been notified at least three (3) days in advance of such special meeting. No official action shall be taken by the Commission, except in a meeting which is open to the public. The Chairman and any three members of the Commission, or any four members of the Commission exclusive of the Chairman, shall constitute a quorum, except that a lesser number shall be sufficient to recess or adjourn any meeting; but no official action shall be taken except upon the affirmative vote of at least four members of the Commission, or three members of the Chairman. The Chairman shall be entitled to the same voting rights as the Commission members on questions considered by the Commission. This Act, as amended, shall become effective at the meeting of March 8, 1977. That this Resolution has been presented to the full Board of Commissioners of DeKalb County, at its regular meetings on February 8th, and February the 22nd, 1977, after a synopsis of same has been published in the official organ of DeKalb County, once a week, for three (3) weeks, within a period of sixty (60) days immediately preceding its final adoption on February the 22nd, 1977, such publications having been done as shown by the Affidavit of the duly authorized representative of the publisher of the County organ of DeKalb County, a copy of which is attached hereto, and a copy of

Page 4698

this entire Resolution has been filed with the Clerk of the DeKalb County Superior Court, for the purpose of examination and inspection by the public, along with several copies of same for distribution to those members of the public who desire same. Be it further resolved that the Chairman of the Board of Commissioners of DeKalb County shall consult with the Director of Finance and such other members of his administrative and advisory staff, and take whatever administrative action is necessary to effect the provisions of this Resolution, provided, however, that no changes shall be made in the tax structure of this County, the method of collecting, or accounting for taxes not already provided by general laws of this State or by previous ordinances or resolutions of this Commission. Be it further resolved, that upon final adoption of this Resolution that a copy of this Resolution, a copy of the required Notice of Publication, and the original Affidavit of the duly authorized representative of the newspaper in which such Notice was published, to the effect that such Notice has been published as provided by the law governing such publications be certified as true and correct copies by the Clerk of the Board of Commissioners of DeKalb County, and transmitted by certified mail, return receipt requested, to the Honorable Ben W. Fortson, Jr., Secretary of State, of the State of Georgia, for filing in his office. Adopted, this 22nd day of February, 1977. /s/ Walter B. Russell, Jr., Chairman, Board of Commissioners DeKalb County, Georgia Attest: /s/ Cal M. Sandman, Clerk I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners of DeKalb County, Georgia, do hereby certify that the foregoing is a true and correct copy of a resolution adopted by said Board at two consecutive meetings held on the following dates, to

Page 4699

wit: February 8th and 22nd., 1977, and same appears in the minutes of said Board this 3rd day of March, 1977. /s/ Cal M. Sandman, Clerk Board of Commissioners DeKalb County, Georgia Public Notice. The public is hereby notified that the Chairman of the Board of Commissioners will present to the full Board, at its regular meeting to be held on February the 8th, and February 22nd, 1977, a Resolution to amend a special act creating and defining the power of the governing authority of DeKalb County, known as 1956 Georgia Laws, Page 3237, et seq., as amended, to provide that the time of the regular meetings be set at 9:00 o'clock, A.M. The public is hereby further notified that, in order to carry out the provision of the Resolution changing the time of the regular meetings of the Board, it is necessary for the Board of Commissioners to adopt a Resolution amending the special act creating and defining the powers of the governing authority of DeKalb County, the authority to amend this special act having been granted by Article XV, Section II, of the 1945 Constitution of the State of Georgia, by amendment ratified in the General Election held on November the 8th, 1966, and proclaimed by Honorable Carl Sanders, Governor, on November the 28th, 1966. The public is hereby notified that a copy of the proposed Resolution containing the proposed amendment has been filed with the Honorable Chandler Bridges, Clerk, Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection, and copies of same are available from him for interested members of the public. This 1st day of February, 1977. /s/ Walter B. Russell, Jr., Chairman Board of Commissioners DeKalb County, Georgia

Page 4700

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 3, 10, 17 day of Feb., 1977. /s/ Gerald W. Crane, Publisher. /s/ Ann Love, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 3rd day of March, 1977. /s/ Betty M. Branch Notary Public. My Commission Expires Oct. 18th, 1977. (Seal). Filed in office of Secretary of State March 7, 1977. DeKALB COUNTYPENSION ACT. Resolution. Whereas, Article IX, Section II, of the 1976 Constitution of the State of Georgia 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 that Constitution, or any local law applicable thereto; and

Page 4701

Whereas, the aforementioned Section of the Constitution further provides that the County governing authority may amend or repeal the local acts applicable to its governing authorities by resolution or ordinance, duly adopted at two regular consecutive meetings of the County governing authority not less than seven nor more than sixty days apart provided a notice containing a synopsis of the proposed amendment or repeal shall have been published in the official County organ, once a week, for three weeks, within a period of sixty days immediately preceding its final adoption, such notice stating that a copy of the proposed amendment or repeal is on file in the Office of the Clerk of Superior Court of the County for the purpose of examination and inspection by the public; and Whereas, the governing authority of DeKalb County, Georgia, has deemed it to be in the interest of the administration of its Pension Program for Dekalb County employees, subject to the jurisdiction of the governing authority, to remove the exemption of hourly laborers within their first six months of County employment; and Whereas, in order to accomplish this purpose it is necessary for the local act creating and defining the Pension Board of DeKalb County known as 1962 Georgia Laws 3088 et seq., as amended, be amended in certain particulars; Now, therefore, be it resolved by the Board of Commissioners of DeKalb County, Georgia, and it is hereby resolved by the authority of the same: That the Pension Act of DeKalb County, found at 1962 Georgia Laws 3088, et seq., as amended, be further amended by striking Section 17 in its entirety and substituting in lieu thereof, the following new Section 17: Section 17 All new participants in this plan, including hourly laborers, shall be required to make contributions immediately upon their employment, and their coverage shall become effective forthwith. That this Resolution has been presented to the full Board of Commissioners of DeKalb County, Georgia, at its regular meetings on July 12, 1977, and July 26, 1977, after a synopsis of the same has been published in the official organ of DeKalb County, once a week, for

Page 4702

three weeks, within a period of sixty days immediately preceding its final adoption on July 26, 1977, such publications having been done as shown by the affidavit of a duly authorized representative of the publisher of the County Organ of DeKalb County, a copy of which is attached hereto; and a copy of this entire Resolution has been filed with the Clerk of the DeKalb Superior Court for the purpose of examination and inspection by the public, along with several copies for distribution to those members of the public who desire it. Be it further resolved, that upon final adoption of this Resolution, that a copy of it, a copy of the required Notice of Publication, and the original Affidavit of the duly authorized representative of the newspaper in which such Notice was published to the affect that such Notice has been published, as provided by the law governing such publications, be certified as true copies by the Clerk of the Board of Commissioners of DeKalb County, Georgia and transmitted by certified mail, return receipt requested, to the Honorable Ben W. Fortson, Jr., Secretary of State, of the State of Georgia, for filing in his office. So adopted this 12th and 26th day of July, 1977. /s/ Walter B. Russell, Jr. Chairman Board of Commissioners DeKalb County, Georgia Attest: /s/ Cal M. Sandman Clerk Board of Commissioners DeKalb County, Georgia Drafted by: /s/ H. Judd Herndon Legal Counsel I, the undersigned, Cal M. Sandman, Clerk of the Board of Commissioners, DeKalb County, Georgia, do hereby certify that the

Page 4703

foregoing is a true and correct copy of a Resolution adopted by said Board in meeting lawfully assembled on 12 26th day of July, 1977. And same appears in Minutes of said Board this 22nd day of August, 1977. /s/ Cal M. Sandman Clerk, Board of Commissioners DeKalb County, Ga. Public Notice. The public is hereby notified that the Board of Commissioners of DeKalb County, Georgia, will consider at its regular meetings to be held on July 12, and July 26, 1977, a resolution to amend the Pension Act of DeKalb County, found at 1962 Georgia Laws 3088, et seq., as amended, to provide for the inclusion of hourly laborers of the County as participants in the County Pension Plan. The public is hereby further notified that, in order to carry out the provision of the resolution amending the County Pension Act, it is necessary for the Board of Commissioners to adopt a resolution amending the special act establishing and defining the pension program of DeKalb County pursuant to Article IX, Section II, Paragraph 1, of the 1976 Constitution of the State of Georgia. The public is hereby notified that a copy of the proposed resolution containing the proposed amendment has been filed with the Honorable Chandler Bridges, Clerk, Superior Court, DeKalb County Courthouse, Decatur, Georgia, for public examination and inspection; and copies of the same are available from him to interested members of the public. /s/ H. Judd Herndon, Attorney for DeKalb County 908 DeKalb County Courthouse Decatur, Georgia 30030

Page 4704

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 7, 14 21 day of July, 1977. /s/ Gerald W. Crane, Publisher /s/ Samme Toycen, Agent Acknowledgment of the publisher must be made before a notary public or other official authorized to administer oaths. Sworn to and subscribed before me, this 21st day of July, 1977. /s/ Betty M. Branch Notary Public. My commission expires Oct. 18th, 1977. (Seal). Filed in office of Secretary of State August 26, 1977. FLOYD COUNTYBOARD OF COMMISSIONERS TIME OF MEETINGS CHANGED. An Ordinance of the Board of Commissioners of Floyd County, Georgia, to amend an Act entitled An Act to provide for the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia; to authorize the holding of special meetings of said Board, and to provide for the business which may be transacted thereat; to repeal all laws and parts of laws in conflict with such Act; and for other purposes, approved March 10, 1959

Page 4705

(Ga. L. 1959, pp. 2986 et seq.), to make other and different provisions for the holding of sessions of said Board by providing that the Board may determine the time and frequency of meetings and for other purposes. Be it Ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1. An Act entitled An Act to provide for the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia; to authorize the holding of special meetings of said Board, and to provide for the business which may be transacted thereat; to repeal all laws and parts of laws in conflict with such Act; and for other purposes, approved March 10, 1059 (Ga. L. 1959, pp. 2986 et seq.), is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof the following: Section 1. Be it ordained by the Board of Commissioners of Floyd County, Georgia that, from and after the approval of this Act, the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia shall be held twice each month on such dates and at such hour as may be set by resolution of such Board from time to time. Section 2. This ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for counties. Section 3. This ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the office of the Clerk of the Superior Court of the County of Floyd for the purposes of examination and inspection by the public shall have been published in The Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption; the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia all in compliance with the provisions of the Constitution of the State of Georgia.

Page 4706

Section 4. All ordinances or parts thereof in conflict herewith are hereby repealed. I, Ernest L. Rolan, Clerk of the Board of Commissioners for the County of Floyd, Georgia certify that the above and foregoing resolution is a true and correct copy of the resolution adopted by the said Board of Commissioners in regular session Tuesday, February 15 and March 1, 1977, as recorded in Minute Book 22. /s/ Ernest L. Rolan, Clerk, Board of Commissioners of Floyd County, Georgia. Notice to the Public. Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file with the Clerk of Floyd Superior Court for public examination and inspection: An Ordinance of the Board of Commissioners of Floyd County, Georgia, to Amend an Act Entitled An Act to provide for the regular meeting time of the Board of Commissioners of Roads and Revenue of Floyd County, Georgia; to authorize the holding of special meetings of said Board, and to provide for the business which may be transacted thereat; to repeal all laws and parts of laws in conflict with such Act; and for other purposes, approved March 10, 1959 (Ga. L. 1959, pp. 2986 et seq.) to make other and different provisions for the holding of meetings of sessions of said Board by providing that the Board may determine the time and frequency of meeting; and for other purposes. This 1st day of February, 1977. /s/ Ernest L. Rolan Clerk of the Board of Commissioners of Floyd County Georgia, Floyd County. I, B. H. Mooney, Jr. do solemnly swear that I am the Publisher of

Page 4707

THE ROME NEWS-TRIBUNE, printed and published at Rome, in the State of Georgia, and that from my personal knowledge and reference to files of said publication the advertisement of Notice To The Public was inserted in THE ROME NEWS-TRIBUNE in space of on dates as follows: Feb. 10-17-24, 1977. /s/ B. H. Mooney, Jr. Subscribed and sworn to before me, this 7th day of March, 1977. /s/ Jean Mullinax Notary Public. Filed in office of Secretary of State March 14, 1977. FLOYD COUNTYBOARD OF COMMISSIONERS MERIT SYSTEM ACT AMENDED. An Ordinance. An Ordinance of the Board of Commissioners of Floyd County, Georgia to amend an Act entitled Floyd County Merit System Act approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513), to provide for coverage of the Chief of the Floyd County Police Department upon his resignation or discharge as Chief, to repeal conflicting laws, and for other purposes. Be it ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1. An Act establishing a Merit System for the Government of Floyd County, Georgia, approved April 9, 1969 (Ga. Laws 1969, pp. 2505-2513) be, and the same is, hereby amended by adding thereto the following, to be known as Section 2, subparagraph (c) as follows:

Page 4708

Section 2. (c) If the Board of Commissioners of Floyd County, Georgia, appoints a person as Chief of the Floyd County Police Department and at the time of said appointment said appointee was a member of the Floyd County Police Department, serving in a position covered by the Floyd County Merit System Act, and, thereafter, the person so appointed as said Chief resigns or the Board of Commissioners of Floyd County, Georgia, for any reason discharges said Chief, said person shall immediately revert to his former status, grade and rank, without prejudice, in the Floyd County Police Department unless the Floyd County Merit Board, after a hearing as provided under either the provisions of the Floyd County Merit System Act or the Rules and Regulations adopted by the said Merit Board, shall remove, discharge or demote him for cause. Section 2. This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for counties. Section 3. This Ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia for the purpose of examination and inspection by the public shall have been published in the Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption, the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County, Georgia not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia, all in compliance with the provisions of the Constitution of the State of Georgia. Section 4. All Ordinances or parts thereof in conflict herewith are hereby repealed. /s/ Mike McClain Chairman, Floyd County Board of Commissioners Attests: /s/ Ernest L. Rolan, Clerk

Page 4709

Georgia, Floyd County. Notice of proposed action to be taken under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia. Notice to the Public. Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia. The Clerk of said Court will furnish anyone, upon written request, a copy of said Resolution to Amend. Synopsis of Proposed Amendment. Said Resolution an Ordinance will provide an amendment to the Act entitled Floyd County Merit System Act approved April 9, 1969 (Ga. Laws 1969, 2505-2513) so as to provide that if the Board of Commissioners of Floyd County, Georgia appoints a person as Chief of the Floyd County Police Department and at the time of his appointment said appointee was a member of the Floyd County Police Department, serving in a position covered by the Floyd County Merit System Act, and, thereafter, the person so appointed as said Chief resigns or the Board of Commissioners of Floyd County, Georgia, for any reason discharges said Chief, said Chief shall immediately revert to his former status, grade and rank, without prejudice, in the Floyd County Police Department unless the Floyd County Merit Board, after a hearing as provided in said Floyd County Merit System Act and the Rules and Regulations adopted by the Floyd County Merit Board shall remove, discharge or demote him for cause. The Board of Commissioners of Floyd County, Georgia. /s/ Ernest L. Roland, Clerk

Page 4710

Georgia, Floyd County. In person before the undersigned attesting officer appeared the undersigned who on oath says that they are duly authorized representative of the Rome News Tribune and authorized to make this Affidavit and that the advertisement as per attached clipping has been published in the Rome News Tribune on the following dates: October 6, 1977; October 13, 1977; and October 20, 1977. /s/ Leatha M. Davenport Sworn to and subscribed before me, this 27th day of Oct., 1977. /s/ Jean Mullinax Notary Public. (Seal). Filed in office of Secretary of State October 31, 1977. FLOYD COUNTY BOARD OF COMMISSIONERSAMENDMENT TO AN ACT PROHIBITING NEPOTISM IN THE AFFAIRS OF FLOYD COUNTY. An Ordinance. An Ordinance of the Board of Commissioners of Floyd county, Georgia to amend an Act prohibiting nepotism in the affairs of Floyd County, Georgia, approved August 18, 1931 (Ga. L. 1931, p. 467), as amended by an Act approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2073), an and Act approved March 4, 1961 (Ga. L. 1961, p. 2290), an Act approved April 6, 1967 (Ga. L. 1967, p. 2975) and an Act approved March 28, 1974 (Ga. L. 1974, p. 3745), so as to add a section prohibiting the hiring of related employees within certain departments; to repeal conflicting laws; and for other purposes.

Page 4711

Be it ordained by the Board of Commissioners of Floyd County, Georgia, and it is hereby ordained by the authority of the same as follows: Section 1. An Ordinance of the Board of Commissioners of Floyd County, Georgia to amend an Act prohibiting nepotism in the affairs of Floyd County, Georgia, approved August 18, 1931 (Ga. L. 1931, p. 467), as amended by an Act approved February 4, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2073), an Act approved March 4, 1961 (Ga. L. 1961, p. 2290), an Act approved March 12, 1965 (Ga. L. 1965, p. 2329) an Act approved April 6, 1967 (Ga. L. 1967, p. 2975) and an Act approved March 28, 1974 (Ga. L. 1974, p. 3745), so as to add a section prohibiting the hiring of related employees within certain departments; to repeal conflicting laws; and for other purposes be, and the same is, hereby amended by adding thereto the following to be known as Section 2, subparagraph (b) as follows: Section 2(b). No person who is related by blood or marriage within the fourth degree, as computed according to the civil law, to any employee of Floyd County, Georgia, shall be employed by Floyd County if said person is to be employed in the same Department or office as the related employee. No person so employed shall be entitled to draw or receive any pay or compensation. Any person ineligible under this section, who is in the service or employment of Floyd County at the time of the passage of this Ordinance, shall not be effected. This Section shall not apply to any elected official of Floyd County nor shall it apply to any employee who is related by blood or marriage within the fourth degree, as computed according to the civil law, to any elected official within said employee's Department if said employee was regularly employed within the Department prior to the elected official legally assuming the duties and responsibilities of his office. For the purpose of this section, the following titles shall be considered separate and distinct Departments and shall be subject to the provisions of this section: 1. The Superior Court of Floyd County 2. The Probate Court of Floyd County 3. The Juvenile Court of Floyd County 4. The Office of the Clerk of the Superior Court of Floyd County 5. The Sheriff's Department of Floyd County 6. The Office of the District Attorney of Floyd County 7. The Office of the Tax Commissioner of Floyd County 8. The Office of the Tax Assessors of Floyd County

Page 4712

9. The Office of the Tax Appraisers of Floyd County 10. The Office of the Registrar of Floyd County 11. The Floyd County Police Department 12. The Floyd County Water Department 13. The Merit Board of Floyd County 14. The Public Roads Department of Floyd County 15. The Building Inspection Department of Floyd County 16. The Floyd County Correctional Institution 17. The Administrative Services Department of Floyd County 18. The Department of Indigent Sick. Section 3. This Ordinance is adopted by the Board of Commissioners of Floyd County, Georgia, pursuant to the provisions of the Constitution of the State of Georgia providing for home rule for Counties. Section 4. This Ordinance shall become effective when a notice containing a synopsis hereof and stating that a copy hereof is on file in the Office of the Clerk of the Superior Court of Floyd County, Georgia for the purpose of examination and inspection by the public shall have been published in the Rome News Tribune, the official gazette of the County, once a week for three weeks immediately preceding its final adoption, the same shall have been adopted at two regular consecutive meetings of the Board of Commissioners of Floyd County, Georgia not less than seven nor more than sixty days apart, and a certified copy thereof shall have been filed with the Secretary of the State of Georgia, all in compliance with the provisions of the Constitution of the State of Georgia. Section 5. All Ordinances or parts thereof in conflict herewith are hereby repealed. /s/ Mike McClain Chairman, Floyd County Board of Commissioners Attest: /s/ Ernest L. Rolan Clerk

Page 4713

Georgia, Floyd County. Notice of proposed action to be taken under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia. Notice To The Public. Notice is hereby given that the Floyd County Board of Commissioners proposes to adopt the following Ordinance under the provisions of the Home Rule Amendment to the Constitution of the State of Georgia, copies of which are on file in the Office of the Clerk of the Superior Court of Floyd, County, Georgia. The Clerk of said court will furnish anyone, upon written request, a copy of said Resolution to Amend. Synopsis of Proposed Amendment. Said Resolution and Ordinance will provide that no person who is related by blood or marriage within the fourth degree, as computed according to the civil law, to any employee of Floyd County, Georgia, shall be employed by Floyd County if said person is to be employed in the same Department or office as the related employee. No person so employed shall be entitled to draw or receive any pay or compensation. Any person ineligible under this section, who is in the service or employement of Floyd County at the time of the passage of this Ordinance, shall not be effected. This Section shall not apply to any elected official of Floyd County nor shall it apply to any employee who is related by blood or marriage within the fourth degree, as computed according to the civil law, to any elected official within said employee's Department if said employee was regularly employed within the Department prior to the elected official legally assuming the duties and responsibilities of his office. For the purpose of this section, the following titles shall be considered separate and distinct Departments and shall be subject to the provisions of this section: 1. The Superior Court of Floyd County 2. The Probate Court of Floyd County 3. The Juvenile Court of Floyd County 4. The Office of the Clerk of the Superior Court of Floyd County 5. The Sheriff's Department of Floyd County 6. The Office of the District Attorney of Floyd County

Page 4714

7. The Office of the Tax Commissioner of Floyd County 8. The Office of the Tax Assessors of Floyd County 9. The Office of the Tax Appraisers of Floyd County 10. The Office of the Registrar of Floyd County 11. The Floyd County Police Department 12. The Floyd County Water Department 13. The Merit Board of Floyd County 14. The Public Roads Department of Floyd County 15. The Building Inspection Department of Floyd County 16. The Floyd County Correctional Institution 17. The Administrative Services Department of Floyd County 18. The Department of the Indigent Sick /s/ Ernest L. Rolan, Clerk The Board of Commissioners of Floyd County, Georgia Georgia, Floyd County. In person before the undersigned attesting officer appeared the undersigned who on oath says that they are duly authorized representative of the Rome News Tribune and authorized to make this affidavit and that the advertisement as per attached clipping has been published in the Rome News Tribune on the following dates: October 6, 1977, October 13, 1977, and October 20, 1977. /s/ Leatha M. Devenport Sworn to and subscribed before me, this 27th day of October, 1977. /s/ Jean Mullinax Notary Public. (Seal). Filed in Office of Secretary of State October 31, 1977.

Page 4715

GWINNETT COUNTYMEETINGS OF BOARD OF COUNTY COMMISSIONERS. Resolution. Whereas, by local act the General Assembly of the State of Georgia, by Georgia Laws 1968 Session, Volume 2, page 2003, created in and for the County of Gwinnett, a Chairman and Board of Commissioners for Gwinnett County, and in Part 1, Section 13 of said act, provided therein the time and place for the holding of regular meetings of the Board of Commissioners. Whereas, the local act creating the Board of Commissioners for Gwinnett County, Georgia Laws 1968 Session, Volume 2, page 2003, was approved by the voters of Gwinnett County at a referendum held in 1968. More than twelve months have elapsed after such referendum. Wherefore, pursuant to the authority vested in the Board of Commissioners as authorized by the Constitution of the State of Georgia, Article XV, Section 2-A, Paragraph I (Ga. Code Section 2-8402(b) (1)), the Board of Commissioners of Gwinnett County, Georgia, does hereby amend the local act creating a Board of Commissioners of Gwinnett County, Georgia Laws 1968 Session, Volume 2, page 2003, Part 1, Section 13, by adding thereto the following provision: except the meeting held on the second Tuesday of each month, which meeting shall be held at 7:00 o'clock p.m. immediately after the phrase at 2:00 o'clock p.m. in the first sentence of said section. The first sentence of the amended Section 13, after said amendment, shall read as follows: The board of commissioners shall hold regular meetings on Tuesdays of each week at 2:00 o'clock p.m., except the meeting held on the second Tuesday of each month, which meeting shall be held at 7:00 o'clock p.m., at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting.

Page 4716

Certification. I, T. L. Still, Clerk of the Board of Commissioners, Gwinnett County, Georgia do hereby certify that the attached resolution is a true copy of the original resolution as it appeared on file in the Minutes of the Board of Commissioners, Gwinnett County, Georgia. I further certify that said resolution was duly adopted by the Board of Commissioners of Gwinnett County at two (2) regular consecutive meetings of the Board of Commissioners held on December 28, 1976, and January 11, 1977. So certified under my hand and seal of the Board of Commissioners, Gwinnett County, Georgia, this 22nd day of February, 1977. /s/ T. L. Still Clerk of the Board of Commissioners Gwinnett County, Georgia Public Notice. The Board of Commissioners of Gwinnett County pursuant to the Authority vested in said board by the Constitution of the State of Georgia Article XV, Section 2-A(1) (Georgia Code Section 2-8402) at the regular meeting of said board held on December 1, 1976, adopted a resolution proposing an amendment to the local act creating a Board of Commissioners of Gwinnett County, Georgia Laws 1968 Session, Volume 2, page 2003, Part 1, Section 13, by adding to said act the following provision: except the meeting held on the second Tuesday of each month, which meeting shall be held at 7:00 o'clock p.m. immediately after the phrase at 2:00 o' clock p.m. in the first sentence of said section. The first sentence of the amended Section 13, after said amendment, shall read as follows: The board of commissioners shall hold regular meetings on Tuesdays of each week at 2:00 o'clock p.m., except the meeting held on the second Tuesday of each month, which meeting shall be held at

Page 4717

7:00 o'clock p.m., at the county seat, which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the chairman or any three members of the commission, provided all members shall have been notified at least three days in advance of such special meeting. A copy of the proposed amendment to Georgia Laws 1968 Session, Volume 2, page 2003, Part 1, Section 13, is on file in the office of the Clerk of the Superior Court of Gwinnett County at the Gwinnett County Courthouse, Lowrenceville, Georgia, for examination and inspection by the public and the Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment. Affidavit. Georgia, Gwinnett County. In person before the undersigned attesting officer appeared Bruce Still, who on oath says that he is the publisher of the Home Weekly, which was the official organ of Gwinnett County, Georgia, and that notice of the Resolution to amend a local Act of the General Assembly of Georgia, Georgia Laws of 1968 session, Volume 2, page 2003, was published in said newspaper in the issues of December 15, December 22, and December 29, 1976. /s/ Bruce Still Publisher, Home Weekly Lawrenceville, Georgia 30245 Sworn to and subscribed before me, this 25 day of February, 1977. /s/ Betty M. Reese Notary Public, State of Georgia. (Seal). Filed in office of Secretary of State March 3, 1977.

Page 4718

HALL COUNTYCIVIL SERVICE SYSTEM. A Resolution to amend an act of the General Assembly of Georgia entitled Hall County Civil Service System Act, approved April 4, 1967 and particularly amending section 5(a) of said Act so as to require that all personnel employed by county officers shall be selected from the Civil Service register of persons eligible for appointment. Be it resolved by the Board of Commissioners of Hall County, Georgia, and it is resolved by the authority of the same, pursuant to the provisions of Article IX, Section II, of the Constitution of the State of Georgia of 1976, that the Act of the General Assembly of Georgia entitled Hall County Civil Service System Act, approved April 4, 1967, (Georgia Laws 1967, pages 2556-2561), be amended as follows: Section 1. An Act of the General Assembly of Georgia entitled Hall County Civil Service System Act approved April 4, 1967, (Georgia Laws 1967, pages 2556-2561) is hereby amended by striking Section 5(a) in its entirety and inserting in lieu thereof a new section 5(a) to read as follows: Section 5. The duties and functions of the civil service board shall be as follows: (a) To hold public hearings regarding proposed rules and regulations and standards of the civil service system, and thereafter recommend to the governing authority of Hall County the adoption of rules, regulations and standards effectuating the civil service system established under the provisions of this Act. If the governing authority shall fail to adopt such rules, regulations and standards within 45 days, they shall become of full force and effect unless the governing authority shall conduct public hearing thereon in which event the governing authority may change, modify or disapprove such rules, regulations, or standards. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the civil service system, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals, and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public

Page 4719

administration. Such rules and regulations shall prohibit political activity by any employee covered by the civil service system of the civil service board. The rules and regulations shall provide for the establishment of a register of persons eligible for appointment under the civil service system, and all departments and county officers shall choose personnel solely from said register, provided that any county officer who is unable to fill a position from those individuals included on said register may request the civil service board to examine other persons, and if said persons meet the minimum requirements in accordance with such rules and regulations as may be adopted, and are placed on said register, then they may be employed by said county officer; however, no person may be so employed until he has been placed on the register of persons eligible for appointment under the civil service system. Said rules and regulations when adopted by the governing authority of Hall County or otherwise becoming effective, shall have the force of law and be binding upon all departments and officers of the county. Section 2. All laws and resolutions and parts of laws and resolutions in conflict with this Resolution are hereby repealed. This 8th day of August, 1977. Board of Commissioners, Hall County, Georgia. By: W. M. Williams, Chairman /s/ W. J. Ward, Jr. /s/ Jerry L. Nix /s/ Walter M. Holcomb /s/ Walter C. Snelling Notice of County Resolution. Notice is hereby given that the Board of Commissioners of Hall County, Georgia, will consider at its regular meetings on July 25, 1977 and August 8, 1977, a resolution to amend an Act of the General Assembly of Georgia entitled Hall County Civil Service System Act, approved April 4, 1967, and particularly amending Section 5(a) of said Act so as to require that all personnel employed

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by county officers shall be selected from the Civil Service Register of persons eligible for appointment. A copy of the proposed amendment is on file in the office of the Clerk of the Superior Court of Hall County for the purpose of examination and inspection by the public, and a copy of the same shall be furnished to anyone upon written request. This notice is given in compliance with Section 2-5901(b)1., Georgia Code Annotated. This 11th day of July, 1977. Board of Commissioners, Hall County, Georgia By: /s/ W. M. Williams, Chairman /s/ W. J. Ward, Jr. /s/ Jerry L. Nix /s/ Walter M. Holcomb /s/ Walter C. Snelling Affidavit of Publication Personally appeared before me, the undersigned authority, duly authorized to administer oaths F. L. Hilton, who, on oath, deposes and says that he is the Controller of the Daily Times which is the official organ of Hall County, and that the attached copy of Notice of County Resolution was published on the following dates: July 14, 1977, July 21, 1977 and July 28, 1977. /s/ F. L. Hilton Controller Sworn to and subscribed before me, this 7 day of Sept., 1977. /s/ Juanita M. Payne Notary Public. (Seal). Filed in office of Secretary of State September 9, 1977.

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RICHMOND COUNTYTENURE ACT REPEALED, PERSONNEL BOARD AND PERSONNEL SYSTEM ESTABLISHED An Ordinance of the Board of Commissioners of Richmond County, Georgia, to repeal an Act of the General Assembly of Georgia entitled: Richmond County Officers and Employees, approved December 31, 1937 (Ga. L. 1937-38, p. 875); to provide for the establishment of a Personnel Board of Richmond County and a Personnel System for the employees of Richmond County; 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, Ga. L. 1937-38, p. 875, as amended, entitled: Richmond County Officers and Employees, be, and the same is hereby, repealed. Section 2. There is hereby established by the governing authority of Richmond County a Personnel Board composed of five (5) citizens of Richmond County of known interest in the improvement of public administration by impartial selection of qualified and efficient personnel. The members of the Personnel Board shall be selected for a term of five (5) years each, and shall serve until their successors are named and qualified. Said members of the Personnel Board shall be appointed by the governing authority of said County, and said Personnel Board shall elect a Chairman from among its members for a term of one year, and a Successor Chairman from time to time shall, in like manner and for a like term of one year, be chosen. No member of the Personnel Board shall have held political office or have been a salaried employee of Richmond County during the twelve months preceding his appointment. Initial apointments will be for one, two, three, four and five years. An appointment may be made by the governing authority to fill any unexpired term of a member of the Personnel Board who may die or resign, or for any other reason cease to serve. No member of the Personnel Board may be removed from office prior to the expiration of his term except for cause after having been given notice and afforded a hearing before the Board of Commissioners

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of said County. Prior to said hearing, said member shall be served by registered or certified mail addressed to his residence as shown in the files of said Board, at least ten (10) days before the date set for said hearing with written specifications of the charges against him. Members of the Personnel Board shall be paid the sum of Twenty ($20.00) Dollars per diem for time actually devoted to the business of the Board, not exceeding thirty (30) days in any calendar year, and shall be reimbursed for actual necessary travel expenses. Section 3. All employees of the governing authority of Richmond County are hereby placed under said Personnel System except the following employees of the Board of Commissioners of Richmond County, Georgia: Personnel Director, Director of Delinquent Tax and Revenue Collections, Director of Alcoholic/Occupation Tax and Zoning Enforcement, Director of Building Inspections, Director of Public Works, Director of Traffic Engineering, Director/Coordinator of Data Processing, Manager of Water and Sewerage System, Warden of Richmond County Correctional Institution, Executive Director of Board of Elections and Central Services, Clerk/Administrative Aide of the County Commission, Chief Tax Appraiser, Administrative Fire Chief, Director of Augusta-Richmond County Public Library, Director of Family and Children Services, Director of Forestry, Comptroller, Internal Auditor, County Attorney, Chief Tax Appraiser, Director of Recreation, Director of Animal Control, Director of Civil Defense and County Administrator. Other department heads and professional positions in County government under the jurisdiction of the Board of Commissioners may also be excluded by said Commission by appropriate resolution. Section 4. It shall be the duty, function and responsibility of the Personnel Board to represent the interest of the public in the improvement of personnel administration and the selection of qualified personnel. All meetings of the Personnel Board shall be held in the chambers of the Richmond County Commission in the City-County Building of Richmond County. Said Board shall hold regular meetings at least once each month, and may hold such additional meetings as may be required for the proper discharge of its duties. Section 5. The duties and functions of the Personnel Board shall be as follows:

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(a) To propose rules and regulations and standards of the Personnel System, and thereafter recommend to the Board of Commissioners the adoption of rules and regulations and standards effectuating the Personnel System established under this Ordinance. Such rules and regulations shall include provisions for the establishment and maintenance of job classification and compensation plans, the conduct of examinations for appointment under the Personnel System, the certification of eligible persons, appointments, promotions, transfers, demotions, separations, tenure, service ratings, reinstatements, appeals and such additional regulations as may be deemed to be in the best interest of impartial selection of efficient personnel and improvement of public administration. Such rules and regulations shall prohibit political activity by any employee covered by the Personnel System or the Personnel Board. The rules and regulations may provide for establishment of a register of persons eligible for appointment under the Personnel System. Said rules and regulations when proposed by the Personnel Board as aforesaid and approved and adopted by the Board of Commissioners shall have the force of law and be binding upon all employees, departments and offices of the County governing authority that are not excluded herein. (b) To conduct hearings and render decisions on dismissals and purported violations of the rules and regulations in the several departments and offices which have been included in the career or classified service and to hear appeals from any employee who claims to have been improperly dismissed. (c) The Personnel Board shall keep and maintain an accurate record of minutes and shall be authorized to hire a clerk to keep and maintain its minutes, the compensation of such clerk is to be in accordance with the pay plan adopted for other employees under the Personnel System. (d) Said Personnel Board shall be authorized to make recommendations as to amendments, additions to, and changes in said rules and regulations from time to time, and when said amendments, changes or additions are adopted by the Board of Commissioners, said amendments shall have the force of law and be binding on all parties affected by said Personnel System. (e) The Board of Commissioners shall have the authority to amend, change or make additions to any rules and regulations adopted hereunder.

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Section 6. No employee of any department or office of the County which has been brought under the Personnel System pursuant to this Ordinance may be dismissed from employment in said department or office except for good cause and in accordance with the rules and regulations of the Personnel Board, as approved by the governing authority as aforesaid. Any employee who is dismissed shall have the right of appeal pursuant to the terms of the rules and regulations prescribed for appeal by the Personnel Board. Such appeal shall be heard at the next regular or special meeting of the Personnel Board after it is filed; and must be heard and determined by the Personnel Board within 45 days of the date said appeal is filed with the Personnel Board; provided, however, that such dismissed employee must file his appeal with the Personnel Board in writing within ten days from the date of his dismissal and provided that this [Illegible Text] shall not apply to persons dismissed from any department due [Illegible Text] in funds, reduction in staff, or abolition of the job held by such employee. The decision of the Personnel Board relating to dismissal is to be considered an objective moral adjudication, but in no way legally binding on the Board of Commissioners. Section 7. The Board of Commissioners of Richmond County shall select and appoint a qualified person as personnel director and shall fix his compensation. Section 8. All costs for salaries, fees, expenses, personnel and supplies for the operation of the Personnel Board and its office shall be paid out of County funds with prior approval of the Board of Commissioners. Section 9. All those individuals already employed by Richmond County and not excluded herein under the provisions of Section 3, and not excluded in the future under the provisions of Section 3, shall be covered under the Personnel System without further examination. No employee shall be entitled to any cause of action, complaint or grievance procedure as to dismissal, demotion, transfer or suspension until such employee has been in continuous employment for twelve (12) consecutive months. Continuous employment shall mean employment unbroken by discharge or resignation. Re-election or reappointment at the end of the term shall be regarded as continuous employment.

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Section 10. This Ordinance is adopted by the Board of Commissioners of Richmond County, Georgia, pursuant to provisions of the Constitution of the State of Georgia, providing for Home Rule for Counties, which appears in Ga. L. 1965, p. 752 et seq. and which established Section II-A of Article XV on the Constitution of the State of Georgia. Section 11. All laws or Ordinances or parts of laws or Ordinances in conflict with this Ordinance are hereby repealed. Section 12. This Ordinance shall become effective on March 1, 1977. Adopted the 15th day of February, 1977, and the 1st day of March, 1977. /s/ Harrell S. Tiller 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, duly authorized and acting Clerk of the Board of Commissioners of Richmond County do hereby certify that the attached Ordinance is a true and correct copy of the Ordinance adopted by the Commissioners of Richmond County, Georgia, in two regular consecutive meetings, to-wit: February 15th and March 1st, 1977. This 1st day of March, 1977. /s/ J. Lester Newsome Public Notice. The public is hereby notified that the County Attorney will present to the Board of Commissioners of Richmond County, Georgia at its

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regular meetings on February 15, 1977, and March 1, 1977, an Ordinance to repeal an Act providing for the permanent tenure for certain officers and employees of Richmond County, approved December 31, 1937 (Ga. L. 1937-38, p. 875), as amended. The public is hereby further notified that it is necessary for said Ordinance to be advertised once a week for three (3) weeks proir to its final adoption and that it is necessary for the Board of Commissioners to adopt said Ordinance at two consecutive meetings held not less than seven (7) nor more than sixty (60) days apart, which Ordinance specifically states the changes to be made, the authority to repeal said Act having been granted by Article XV, Section 11-A of the 1945 Constitution of the State of Georgia. The public is hereby further notified that said Ordinance provides for the establishment and creation of a Personnel Board and Personnel System in Richmond County for employees of Richmond County; prescribes the duties of said Personnel Board; provides that said Personnel Board shall propose to the governing authority of Richmond County, rules and regulations to be adopted by the governing authority for the Richmond County Personnel System, for the selection, promotion and demotion of personnel, job classifications and qualifications of personnel; provides that when said rules and regulations proposed by the Personnel Board are approved and adopted by the Board of Commissioners, they shall have the force of law and be binding upon all departments and officers of the County enumerated in said Ordinance creating the Personnel Board and Personnel System; to enumerate such officers and employees of the County that shall be exempt from said Personnel System; to provide for the manner of conducting hearings by the Personnel Board; to provide the number, manner of selection and compensation of members of said Personnel Board; to provide for appeals to the Personnel Board by employees under the Personnel System who have been dismissed from employment; to provide for the selection of a personnel director; and for other purposes. The public is further notified that a copy of the proposed Ordinance has been filed with the Clerk of Superior Court of Richmond County, Georgia, City County Building, Fifth Floor, 500 Block of Green Street, Augusta, Georgia, for public examination and inspection,

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and copies of the same are available with the Clerk for any member of the public. This 2nd day of February, 1977. /s/ Robert C. Daniel, Jr. County Attorney for Richmond County, Georgia. Georgia, Richmond County. Personally appeared before me, a Notary Public, the undersigned, William S. Morris, III, who, on oath says that he is the President of The 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 an Ordinance to repeal an Act of the General Assembly of Georgia entitled: Richmond County Officers and Employees, approved December 31, 1937 (Ga. L. 1937-1938, p. 875); to provide for the establishment of a Personnel Board of Richmond County and a Personnel System for the employees of Richmond County; and for other purposes, was duly published once a week for three weeks, as required by law: Said dates of publication being February 5, 12, 19, 1977. /s/ William S. Morris, III President, Southeastern Newspapers Corporation, Publisher of The Augusta Herald, Augusta, Richmond County, Georgia. Sworn to and subscribed before me, this 2nd day of March, 1977. /s/ Marie B. Marriott Notary Public, Richmond County Georgia. (Seal). Filed in office of Secretary of State March 7, 1977.

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WHITE COUNTYSOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE. At the regular meeting of the Board of Commissioners of White County, Georgia, this 19th day of April, 1977, the final reading of the Resolution adopted by the Board on the 15th day of February, 1977, approving and adopting in toto the Ordinance, entitled White County Soil Erosion and Sedimentation Control Ordinance as the Countywide Ordinance (exclusive of Municipalities located within said County), having been had, upon motion made by Harley Brady and seconded by Hershel Palmer, the following Resolution was unanimously adopted by the White County Board of Commissioners: Be it resolved that the Resolution approving and adopting in toto the Ordinance, entitled White County Soil Erosion an Sedimentation Control Ordinance as the Countywide Ordinance (exclusive of Municipalities located within said County), duly adopted on the 15th day of February, 1977 and March 1, 1977, is hereby adopted in toto, verbatim, to-wit: Be it resolved that the attached Ordinance, entitled `White County Soil Erosion and Sedimentation Control Ordinance' (consisting of title page, content page and 17 other pages, all of which have been initialed by each member of this Board), which is made a part hereof by reference as fully and effectually as if set out verbatim herein, is hereby approved and adopted in toto as the Countywide Ordinance (exclusive of Municipalities located within said County) under authority of the Erosion and Sedimentation Act of 1975 (Ga. Laws 1975, pp. 994-1002) and the Home Rule Law for counties as set out in Georgia Code Annotated Section 2-5901, Paragraph I(b)1; And be it further resolved that a copy of said White County Soil Erosion and Sedimentation Control Ordinance has heretofore been 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 has heretofore been directed to furnish anyone, upon written request, with a copy of said Ordinance; that proper notice containing a synopsis of said Ordinance, as well as notice that a copy of same 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, has heretofore on February 17, February 24, and March 3, 1977, been published in the White County News,

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the official county organ, all of which is within a period of sixty days immediately preceding the final adoption of said Ordinance on the 19th day of April, 1977. Adopted this 19th day of April, 1977. Board of Commissioners of White County, Georgia /s/ Harley Brady, Chairman /s/ Carlton Thurmond, Member /s/ Hershel H. Palmer, Member Attest: /s/ Lois Nix, Clerk (Seal). WHITE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE CONTENTS Section Article I TITLE II DEFINITIONS III SCOPE AND EXCLUSIONS IV APPLICATION PROCEDURE V PRINCIPLES AND STANDARDS VI ADMINISTRATIVE APPEAL, JUDICIAL REVIEW VII INSPECTION AND ENFORCEMENT VIII PENALTIES AND INCENTIVES IX EFFECTIVITY, VALIDITY, LIABILITY

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WHITE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE. Now, therefore, be it ordained by the Board of Commissioners of White County, Georgia. Section I TITLE This ordinance will be known as the White County Soil Erosion and Sedimentation Control Ordinance. Section II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: (1) Cut: a portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to excavated surface. Also known as excavation. (2) Erosion and Sedimentation Control Plan: a plan for the control of soil erosion and sediment resulting from a land-disturbing activity. Also known as plan. (3) Existing Grade: the vertical location of the existing ground surface prior to cutting or filling. (4) Filling: the placement of any soil or other solid material either organic or inorganic on a natural ground surface or an excavation. (5) Finished Grade: the final grade or elevation of the ground surface forming the proposed design. (6) Grading: altering surfaces to specified elevations, dimension, and/or slopes; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. (7) Land-Disturbing Activity: any land change which may result in soil erosion from water or wind and the movement of sediments into

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State water or onto lands within the State, including but not limited to, clearing, dredging, grading, excavating, transporting and filling of land. (8) Natural Ground Surface: the ground surface in its original state before any grading, excavation or filling. (9) Permit: the authorization necessary to begin a land-disturbing activity under the provisions of this ordinance. (10) Person: any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, State agency, municipality or other political subdivisions of this State, any interstate body, or any other legal entity. (11) Sediment: solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site or origin by air, water, ice, or gravity; as a product of erosion. (12) Slope: degree of deviation of a surface from the horizontal, usually expressed in percent or degree. (13) Stabilization: the process of establishing an enduring soil cover of vegetation and/or mulch or other ground cover and/or in combination with installing temporary or permanent structures for the purpose of reducing to a minimum the transport of sediment by wind, water, ice or gravity. (14) Structural Practices: soil and water conservation measures, other than vegetation, utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating, or disposing of runoff to prevent excessive sediment loss. Including but not limited to riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures, sediment traps, land grading, etc. (15) Vegetative Practices: measures for the stabilization of erosive or sediment producing areas by covering the soil with (a) permanent seeding, sprigging, or planting producing longterm vegetative cover, or

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(b) short-term seeding, producing temporary vegetative cover, or (c) sodding, covering areas with a turf or perennial sod-forming grass. (16) Watercourse: any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. (17) County Health Department: the White County Health Department. (18) District: the Upper Chattahoochee River Soil and Water Conservation District, Cleveland, White County, Georgia. (19) County Commission: the Board of Commissioners of White County, Georgia. (20) Issuing Authority: the governing authority of White County (the Board of Commissioners of White County, Georgia), which has in effect an approved Soil Erosion and Sedimentation Control Ordinance. Section III SCOPE AND EXCLUSIONS This ordinance shall apply to any land disturbing activity undertaken by any person on any lands other than federal lands, except for the following: (A) minor land-disturbing activities such as home gardens and individual home landscaping, repairs, maintenance work, and other related activities which result in minor soil erosion; (B) the construction of single family residences when they are constructed by or under contract with the owner for his own occupancy; (C) any project involving land change to five acres or less, provided this land change does not occur within two hundred feet of the

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banks of any major stream or river which drains a land area of at least 100 square miles; (D) any project involving the movement of not more than 500 cubic yards of land, provided this land change does not occur within 200 feet of the banks of any major stream or river which drains a land area of at least 100 square miles; (E) agricultural practices involving the establishment, cultivation or harvesting of products of the field or orchard, forestry land management practices, and preparing and planting of pasture land with such practices including harvesting, farm ponds, dairy operations, livestock and poultry management practices, and the construction of farm buildings; (F) surface mining, as same is defined in sub-section (a) of Section 3 of the Georgia Surface Mining Act of 1968 (Ga. Laws 1968, p. 9) as now or hereafter amended; (G) granite quarrying and land clearing for such quarrying; (H) construction or maintenance projects, or both, undertaken or financed in whole or in part, or both by 1. the Georgia Tollway Authority, 2. the Georgia Department of Transportation, 3. the Georgia Highway Authority, 4. any county or municipality of the state; (I) any project carried out under the technical supervision of the Soil Conservation Service of the United States Department of Agriculture; (J) activities conducted by any airport authority or by any public utility under the regulatory jurisdiction of the Public Service Commission; (K) any activity for which bids have been let or a construction contract signed prior to the date of adoption of this ordinance, provided that said activity is completed within twelve (12) months after the effective date of this ordinance.

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Section IV APPLICATION PROCEDURE A. General The landowner, developer and designated planners and engineers are encouraged to review the general development plans and detailed plans of any unit of government that affect the tract to be developed and the areas surrounding it. They are also encouraged to become acquainted with the zoning ordinance, subdivision ordinance, this ordinance and other ordinances which regulate the development of land within White County. B. Compliance (1) No person shall perform any land-disturbing activity within the confines of White County, exclusive of the lands located within the limits of a municipal corporation, without first obtaining a permit from the Board of Commissioners of White County, Georgia, to perform such activity. (2) Applications for permits shall be submitted to the Board of Commissioners of White County, Georgia. Applications for permits will not be accepted unless accompanied by 5 copies of the applicant's soil erosion and sediment control plan. Said plans shall include, as a minimum, the date specified in sub-section D of Section IV of this ordinance. Soil erosion an sediment control plans shall conform to the provisions of Section V of this ordinance. (3) A fee, payable to the Board of Commissioners of White County, Georgia, in an amount not to exceed $40.00 shall be charged for each application. (4) Immediately upon receipt of an application for permit, the Board of Commissioners of White County, Georgia, shall refer the application and plan to the Upper Chattahoochee River Soil and Water Conservation District, at Cleveland, White County, Georgia, for its review and recommendations. The results of the District review shall be forwarded to the Board of Commissioners of White County, Georgia.

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C. Permits (1) A permit will be issued after the Upper Chattahoochee River Soil and Water Conservation District has determined that the plans for erosion and sedimentation control comply with the requirements of Section V of this ordinance and after the Board of Commissioners of White County has determined that the plans comply with all ordinances, rules and regulations in effect within White County. (2) Permits will be issued or denied as soon as practical after receipt of application by the Board of Commissioners of White County, Georgia, but in any event not later than 45 days after the receipt of a completed application. If the permit is denied, the reason for denial shall be furnished to the applicant. (3) If the tract is to be developed in phases, then a separate permit shall be required for each phase. (4) Said permit may be suspended, revoked or modified by the Board of Commissioners of White County, Georgia, upon finding that the holder is not in compliance with this ordinance. D. Date Required The applicant's erosion and sedimentation control plan shall include, as a minimum, the following information for the entire tract of land to be disturbed, whether or not the tract will be developed in stages: (1) a narrative description of the overall project. This narrative shall include: (a) an anticipated starting and completion dates of each sequence and stage of land-disturbing activities and the expected date the final stabilization will be completed; (b) a description of the sediment control program and sediment control practices; (c) an adequate description of general topographic and soils conditions of the tract as available from the Upper Chattahoochee River Soil and Water Conservation District, Cleveland, White County, Georgia;

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(d) a description of the zoning classification of adjacent property and a description of existing structures, buildings, and other fixed improvements located on surrounding properties and; (e) a description of the maintenance program for sediment control facilities including inspection programs, vegetative establishment of exposed soils, method and frequency of removal and disposal of solid waste material removed from control facilities and disposition of temporary structural measures. (2) maps, drawings, and supportive computations bearing the signature/seal of a Registered Land Surveyor or a Licensed Engineer and containing: (a) a site location drawing of the proposed project indicating the location of the proposed project in relation to roadways, jurisdictional boundaries, stream and rivers; (b) a boundary line survey of the site on which the works is to be preformed; (c) a topographic map containing contours at an interval and scale that will depict the existing and finished grades, existing and proposed watercourses, and the proposed features of the development; (d) a plan for temporary and permanent vegetative and structural erosion and sediment control measures; (e) specifications of soil erosion and sidimentation control measures in accordance with the standards and specifications of this ordinance and; (f) computations, timing schedules and other supportive data required for review of applicant's plan. Section V PRINCIPLES AND STANDARDS A. Implementation Excessive soil erosion and resulting sediment pollution can take place during land disturbing activities. Therefore, plans for those land disturbing activities which are not excluded by this ordinance

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shall contain provisions for application of soil erosion and sediment control measures. These provisions shall be incorporated into the sketch or preliminary plan, as may be required by the Upper Chattahoochee River Soil and Water Conservation District, Cleveland, White County, Georgia. Soil erosion and sediment control measures shall conform to the standards and specifications of this ordinance. The application of measures shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion and sediment pollution during all stages of any land-disturbing activity. B. General Design Principles Practical combinations of the following principles shall be utilized, as a minimum, in planning measures to be installed for any land-disturbing activity: (1) The land-disturbing activity shall conform to existing topograph and soil type so as to create the lowest practical erosion potential. (2) Land-disturbing activities shall be conducted in a manner minimizing erosion. (3) the disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum. (4) Cut-fill operations must be kept to a minimum. (5) Disturbed soil shall be stabilized as quickly as practicable. (6) Whenever feasible, natural vegetation shall be retained, protected and supplemented. (7) Temporary vegetation or mulching shall be employed to protect exposed critical areas during development. (8) Permanent vegetation and structural erosion control measures shall be installed as soon as practicable. (9) Adequate provisions must be provided to minimize damage

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from surface water to the cut face of excavations or the sloping surface of fills. (10) To the extent necessary, sediment in runoff water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. (11) Cuts and fills may not endanger adjoining property. (12) Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners. (13) Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible and provided, in any case, that such crossings are kept to a minimum. C. Standards and Specifications Plans for land-disturbing activities shall contain soil erosion and sedimentation control plans and specifications which conform to the publication entitled Manual For Erosion And Sediment Control In Georgia, which is on file in the Upper Chattahoochee River Soil and Water Conservation District Office in Cleveland, White County, Georgia, or on file in the Office of the Board of Commissioners of White County, Georgia, Cleveland, Georgia. The said publication entitled Manual for Erosion And Sediment Control In Georgia is incorporated by reference in this ordinance. D. Maintenance (1) Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibility of the owner. (2) Sediment basins shall be considered hazardous to life or property and shall be fenced and posted in accordance with the Standards and Specifications incorporated by reference in this ordinance. Section VI ADMINISTRATIVE APPEAL, JUDICIAL REVIEW A. Administrative Remedies

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A written notice of the suspension, revocation, modification, or grant with condition, of a permit by the Board of Commissioners of White County, Georgia, upon a finding that the holder is not in compliance with the approved erosion and sediment control plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance, resolution, rule or regulation adopted or promulgated pursuant to this ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the Board of Commissioners of White County, Georgia, within 10 days after receipt by said Board of Commissioners of a written notice of said applicant or permit holder's intent to appeal. B. Judicial Review Any person, aggrieved by a decision or order of the Board of Commissioners of White County, Georgia, after exhausting his administrative remedies, shall have the right to appeal de novo to the Superior Court of White County, Georgia. Section VII INSPECTION AND ENFORCEMENT The Board of Commissioners, though its duly authorized Agent or County Engineer, of White County, Georgia, will periodically inspect the sites of land-disturbing activities for which permits have been issued to determine if the activities are being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. If, through inspection, it is determined that a person engaged in land-disturbing activities, as defined herein, has failed to comply with the approved plan, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. The Board of Commissioners shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of land-disturbing activities.

Page 4740

No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. Section VIII PENALTIES AND INCENTIVES To guarantee that the person applying for a land-disturbing permit under this ordinance will comply with all stipulations, requirements and specifications of said permit, and as a condition precedent to the issuance thereof, said person shall be required to deliver to said Board of Commissioners a performance bond, either in cash or issued by a qualified insurance company, in an amount equal to the contract price of said land-disturbing operation. However, depending upon the size and scope of said land-disturbing operation, the Board of Commissioners, at its option, in any instance, may require that up to $1,000.00 of said bond amount be made in cash. Said bond shall be held by said Board of Commissioners until the project for which the permit has been issued has been completed in accordance with the provisions of this ordinance; at which time, provided there is no default hereunder, said bond shall be returned to said permit holder. Any person who is found by the Board of Commissioners of White County, Georgia, to have wilfully neglected or violated any of the provisions of this ordinance or who refuses to perform any of the duties imposed upon him by said ordinance shall be assessed a penalty of not less than $10.00, nor more than $1,000.00. Said penalty so assessed shall be deducted from the cash bond of said person held by the Board of Commissioners of White County, Georgia, or shall be otherwise collected, and shall be paid over by said Commissioners into the general funds of White County, Georgia, when so collected. Section IX EFFECTIVITY, VALIDITY AND LIABILITY A. Effectivity This ordinance shall become effective on the 19th day of April, 1977. B. Validity

Page 4741

If any section, subsection, paragraph, clause, phrase or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. Liability Neither the approval of a plan under the provisions of this ordinance, nor the compliance with the provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon White County or the Upper Chattahoochee River Soil and Water Conservation District for damage to any person or property. Board of Commissioners of White County, Georgia /s/ Harley Brady, Chairman /s/ Carlton Thurmond, Member /s/ Hershel H. Palmer, Member Attest: /s/ Lois Nix Clerk (Seal). Notice of Intention to Pass A Countywide Ordinance. (Exclusive of municipalities located within said County) under authority of the erosion and sedimentation Act of 1975 and under Home Rule Authority Notice is hereby given that pursuant to the Erosion and Sedimentation Act of 1975 (Ga Laws 1975, pp. 994-1002) and the Home Rule Law for Counties as set out in Georgia Code Annotated Section 2-5901, Paragraph I. (b) 1, there has been a Resolution passed by the Board of Commissioners of White County, Georgia, to pass an ordinance to provide for the establishment and implementation of the Countywide comprehensive soil erosion and sediment control program (exclusive of municipalities located within said County) to conserve and protect land, water, air and other resources of the County;

Page 4742

to provide a short title; to provide legislative findings and a declaration of policy; to provide definitions; to provide minimum standards for rules and regulations, ordinances and resolutions governing land-disturbing activities; to provide for local ordinances governing land-disturbing activities; to provide for the development and adoption of rules and regulations governing land-disturbing activities in said County; to provide that certain land-disturbing activities may not be carried out without a permit; to provide for the issuance of permits and the conditions under which such permits shall be issued; to provide for the review and approval of erosion and sediment control plans submitted pursuant to this ordinance; to provide for the issuance, denial, suspension, revocation, and modification of permits; to provide for exceptions; to provide for judicial review; to provide that the provisions of this ordinance shall not authorize certain acts or the violation of certain statutes and rules and regulations; to provide the procedures connected with the foregoing; to provide for other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes. Notice is further given that copy of said Resolution has 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. Pursuant to said Home Rule Authority, a second reading and adoption of said Resolution will be had at the regular meeting of the Board of Commissioners of White County, Georgia, on March 1, 1977. Final Adoption of said Ordinance shall be had on the 19th day of April, 1977. This 15th day of February, 1977. February 17, 24 and March 3. Board of Commissioners of White County, Georgia /s/ Harley Brady, Chairman /s/ Carlton Thurmond, Member /s/ Hershel H. Palmer, Member

Page 4743

Affidavit of Publication. Georgia, White County. Maria Kelso, personally appeared before the undersigned officer, authorized to administer oaths, and after being duly sworn, states that she is the News Editor 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 Pass a Countywide Ordinance (Exclusive of Municipalities located within said County) Under Authority of the Erosion and Sedimentation Act of 1975 and Under Home Rule Authority, in accordance with Resolutions of 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 Section 2-5901; that a copy of said notice is attached hereto. This 3rd day of March, 1977. /s/ Maria Kelso News Editor and a duly authorized agent of The White County News Sworn to and subscribed before me, this 3rd day of March, 1977. /s/ Louise Bowen Notary Public, Georgia State at Large. My Commission Expires Dec. 29, 1978. (Seal). Filed in office of Secretary of State April 20, 1977.

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CHARTER AMENDMENTS ADOPTED PURSUANT TO THE MUNICIPAL HOME RULE ACT OF 1965 AS AMENDED

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CITY OF ALBANYASSESSMENTS FOR STREET IMPROVEMENTS. An Ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to provide for the use of an estimated cost figure in assessing for certain street improvements; providing for a hearing before the public works committee in lieu of the Board of Commissioners; 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 33 of the Charter of the City of Albany, Georgia, as amended, is further amended by striking and deleting from the first paragraph of Section (A) of said section the second sentence thereof, and ordaining in lieu thereof, to follow immediately the first sentence of said section, the following: In lieu of using the actual cost of the work, the Board of Commissioners may by ordinance approve not less often than annually an estimated cost, and provide for the assessment of two-thirds (2/3) of such estimated cost against the property owners for all such street improvements done pursuant to street improvement ordinances passed subsequent to the adoption of the ordinance, but not longer than twelve months. Such estimated cost shall be determined on the basis of the actual cost of similar work assessed during the twelve months immediately preceding the adoption of such estimated cost, adjusted to reflect any increase or decrease in the cost of material and labor which may reasonably be anticipated. Before the Board of Commissioners shall adopt any ordinance providing for any of said improvements where part of the cost is to be assessed against the property owner as above provided, written notice of the date, time and place of the meeting of the Public Works Committee of the Board of Commissioners at which the proposed improvement project will be considered shall be given each affected property owner by mailing said notice to the address of such property owner as shown on the last city property tax return of such property owner, such notice to be placed in the United States mail at

Page 4747

least thirty (30) days prior to said meeting. Such notice shall be sent by certified mail, return receipt requested. 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: December 14, 1976. Adopted: December 28, 1976. December 29, 1976. I do hereby certify that the following is a true and correct copy of Ordinance 76-228 adopted by the Board of Commissioners of the City of Albany, Georgia, on December 28, 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 33 of the Charter of the City of Albany, Georgia, so as to provide for the use of an estimated cost figure in assessing for certain street improvements and to provide for a hearing before the Public Works Committee in lieu of the Board of Commissioners.

Page 4748

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 /s/ James V. Davis City Attorney AFFIDAVIT OF PUBLISHER Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Barbara Jones, who having been sworn, states that she is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: March 15, 22, 29, 1976. /s/ Barbara Jones Sworn to and subscribed before me, this 9th day of December, 1976. /s/ Pauline Black Notary Public My Commission Expires May 27, 1977. Filed in Office of Secretary of State January 3, 1977.

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CITY OF ALBANYPUBLIC TRANSPORTATION SYSTEM. An Ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to authorize the City of Albany to provide public transportation systems beyond the corporate limits of the City of Albany to the extent approved by the Georgia Public Service Commission; 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 34 of the Charter of the City of Albany, Georgia is amended by adding to paragraph (21) of said section of said charter an additional paragraph to read as follows: The City of Albany is further authorized to provide such public transportation service beyond the corporate limits of the City of Albany to such distances and to such extent as shall be authorized by the Georgia Public Service Commission. Section 2. 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: January 25, 1977. Adopted: February 8, 1977. February 10, 1977 I do hereby certify that the following is a true and correct copy of

Page 4750

Ordinance No. 77-110 adopted by the Board of Commissioners of the City of Albany, Georgia, on February 8, 1977. /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 34 of the Charter of the City of Albany, Georgia, so as to authorize the City of Albany to provide public transportation systems beyond the corporate limits of the City of Albany to the extent approved by the Georgia Public Service Commission. 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 /s/ James V. Davis City Attorney AFFIDAVIT OF PUBLISHER Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Geoffrey L. Gray, who having been sworn, states that he is Advertising Director for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is

Page 4751

attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: January 5, 12, 19, 1977. /s/ Geoffrey L. Gray Sworn to and subscribed before me, this 25th day of January, 1977. /s/ Pauline Black Notary Public. My Commission Expires May 27, 1977. Filed in Office of Secretary of State February 14, 1978. CITY OF ALBANYCITY TREASURER. An Ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to change the powers and responsibilities of the City Treasurer respecting the issuance of warrants for the payment of money; repealing all laws 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 authority of same: Section 1. Section 6 of the Charter of the City of Albany, Georgia is repealed, and a new Section 6 is ordained in lieu thereof to read as follows: Section 6. City treasurer. The city treasurer shall be appointed by the city manager, and shall, under the supervision and control of the city manager be the custodian of all moneys and securities of the municipality and shall keep and preserve the same in such manner in such place or places as shall be determined by the board of commissioners. The city treasurer shall pay out money by warrants signed by the city

Page 4752

treasurer, the city manager, and the mayor, or their respective alternates; provided, however, that the board of commissioners may by ordinance authorize the city treasurer or his alternate to issue warrants and checks under the sole signature of said city treasurer or his alternate up to an amount to be fixed by said ordinance. In addition to those duties the city treasurer shall perform such other duties of his office as may be prescribed by the board of commissioners and by the city manager. Section 2. Section 7 of the Charter of the City of Albany, Georgia, being a duplication of Section 6 of said Charter, is repealed, and Section 7 shall be retained in the Charter only as a reserved section. 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: April 12, 1977. Adopted: April 26, 1977. I do hereby certify that the following is a true and correct copy of Ordinance No. 77-142 adopted by the Board of Commissioners of the City of Albany, Georgia, on April 26, 1977. /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 6 of the charter of the City of Albany, Georgia, so as to change the powers and responsibilities of

Page 4753

the city treasurer respecting the issuance of warrants for the payment of money, and to repeal Section 7 of said Charter. 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 /s/ James V. Davis City Attorney 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 (s)he is Secretary for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company 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: April 5, 12, 19, 1977. /s/ Pauline Black Sworn to and subscribed before me, this 20th day of April, 1977. /s/ Dale Dickers Notary Public, Dougherty County, Georgia. My Commission Expires July 8, 1979. Filed in Office of Secretary of State May 4, 1977.

Page 4754

CITY OF ALBANYASSISTANT CITY MANAGER. An Ordinance entitled an ordinance adopted under the provisions of the Municipal Home Rule Act of 1965, as amended, amending the charter of the City of Albany, Georgia, so as to provide for the appointment of an Assistant City Manager, and to specify his duties; repealing all laws 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 authority of same: Section 1. Section 3 of the Charter of the City of Albany, Georgia, is amended by inserting after the first sentence in subparagraph (i) of said Section 3 a new sentence, to read as follows: An assistant city manager may be appointed by the city manager with the concurrence and approval of the Board of Commissioners, and, if appointed, shall discharge such functions and duties as shall be assigned to him by the city manager. Section 2. Section 4 of the Charter of the City of Albany, Georgia, is amended by repealing subparagraph (b), and ordaining in lieu thereof a new subparagraph (b), to read as follows: (b) Death or Disability. Upon the disability of the city manager rendering him unable to perform the duties of his office, or upon his death, the assistant city manager shall perform the duties of the city manager until the removal of his disability or until his replacement. Section 3. This ordinance shall become effective immediately upon its adoption by the board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisions of the Municipal Home Rule Act of 1965, as amended. Section 4. All ordinances and charter provisions and parts of ordinances and charter provisions in conflict herewith are repealed. /s/ James H. Gray, Sr. Mayor

Page 4755

Attest: /s/ Barbara Gerald Clerk Adopted: September 29, 1977. Adopted: October 11, 1977. I do hereby certify that the following is a true and correct copy of Ordinance No. 77-231 adopted by the Board of Commissioners of the City of Albany, Georgia, on October 11, 1977. /s/ Barbara Gerald City Clerk 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 the Charter of the City of Albany, Georgia, so as to provide for the appointment of an assistant city manager, and the specifications of his duties. 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 /s/ James V. Davis City Attorney Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Barbara Jones, who having been sworn, states that (s)he is Business Manager for the Albany Herald Publishing Company, Inc., that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a

Page 4756

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: August 22, 29, Sept. 5, 1977. /s/ Barbara Jones Sworn to and subscribed before me, this 12th day of September, 1977. /s/ Pauline Black Notary Public. My Commission Expires May 24, 1981. Filed in Office of Secretary of State October 14, 1977. CITY OF ALBANYSEWER EXTENSIONS. An Ordinance entitled an ordinance adopted under the provisons of the Municipal Home Rule Act of 1965, as amended, amending the Charter of the City of Albany, Georgia, so as to clarify the authority and power of the Board of Commissioners to construct and extend sewers under section 34 (9) of the Charter of the City of Albany; repeal all laws and charter provisons 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. Paragraph (9) of Section 34 of the Charter of the City of Albany, Georgia is repealed, and a new paragraph (9) of Section 34 is ordained in lieu thereof to read as follows: (9) Sewers; extension of gas, water, etc. To construct or extend sewers in any of the streets, alleys or ways of said city or contiguous

Page 4757

territory that may hereafter be incorporated, to assess such part of the cost of the same on the real estate abutting in the street, way or alley in which the same may be extended, according to frontage as may seem just and reasonable, and to enforce the payment of same by execution against the abutting real estate and the owner thereof. Before the Board of Commissioners shall adopt any ordinance providing for said improvements where part of the cost is to be assessed against the property owner as above provided, written notice of the date and time of the meeting of the Public Works Committee of the Board of Commissioners at which such ordinance will be considered shall be given each affected property owner by mailing said notice to the address of such property owner as shown on the last city property tax return of such property owner, such notice to be placed in the United States mail at least thirty (30) days prior to said meeting. The mailing of the notice above described in the manner above provided shall constitute sufficient notice. If the ordinance providing for such improvements shall receive the unanimous vote of the Board of Commissioners, the consent of property owners shall not be required as a condition to the construction of said improvements or to the assessment of the property owners for the cost or portions of the cost thereof; but if such ordinance shall not receive the unanimous vote of the Board of Commissioners, the consent of fifty-one percent (51%) or more of the property owners to be assessed shall be required. Said assessments shall be levied only on real estate which is specially benefited by the sewer; that is, on real estate which does not abut any street, alley, or way which already has a sewer capable of adequately serving said real estate, so that where there is already a sewer in a street, alley or way, abutting any real estate, and said sewer is capable of adequately serving said real estate, the owner and said real estate shall not again be assessed for the construction or extension of a sewer, even though such sewer is constructed or extended in a street, alley or way abutting the real estate. The decision of the Board of City Commissioners as to adequacy shall be final. In determining whether or not fifty-one percent (51%) of the property owners have consented, property owners who will not be assessed on account of the foregoing paragraph shall be excluded and shall not be considered. To an execution issued under this paragraph the defendant shall have the right to file an affidavit, denying that the whole or any part

Page 4758

of the amount for which execution issued is due and stating what amount he admits to be due; which shall be paid or collected before the affidavit is received, and the affidavit shall be received for the balance, and all such affidavits shall be returned to the Superior Court of Dougherty County and there be tried and determined as in cases of illegality, subject to all the pains and penalties provided for in such cases of illegality for delay. The executions herein provided shall be enforced as in case of executions for paving and the assessment shall have the same lien. And in all cases where street paving or repairing is contemplated on any street or highway in the city in which mains, sewers, gas pipes, or electric wiring pipes are laid, or are to be laid, the city shall have the power by a majority vote of the Board of Commissioners and without the consent of the property owners to extend such mains, sewers, gas pipes, or electric wiring pipes from the main line to the property line to thereafter avoid the necessity of tearing up the paving to make house connections and to assess and collect the cost of making such property line extension against the property to which said connection is made. The payment of such assessments shall be enforced in the manner in which assessments in cases of street paving are enforced. (Ga. Laws 1924, p. 397, 5; Ga. Laws 1951, p. 2430, 1) Provided, however, that if any lot or lots is so situated that the installation of the sewer line does not extend the full distance of the frontage of said lot or lots abutting the street, way, alley or easement, thereupon the City Commissioners are authorized to assess the entire frontage of the lot or lots, the proportionate share of the costs of said sewer line, and provided further, that in such a case the sewer line shall be extended along frontage abutting street, way, alley or easement, to such a point as will afford the owner of the real estate the most practical and economical connection to the sewer line. (Ga. Laws 1964, p. 2376, 1) Section 2. This ordinance shall become effective immediately upon its adoption by the Board of Commissioners of the City of Albany at two regular consecutive meetings, and after compliance with all of the provisins of the Municipal Home Rule Act of 1965, as amended.

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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: September 29, 1977. Adopted: October 11, 1977. I do hereby certify that the following is a true and correct copy of Ordinance No. 77-232 adopted by the Board of Commissioners of the City of Albany, Georgia, on October 11, 1977. /s/ Barbara Gerald City Clerk 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 repeal Section 34 (9) of the Charter of the City of Albany, Georgia and to ordain a new Section 34 (9) so as to clarify the authority and power of the Board of Commissioners to construct and extend sewers and to assess the cost of same. 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 /s/ James V. Davis City Attorney

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Georgia, Dougherty County. Personally appeared before the undersigned, an officer authorized to administer oaths in said state and county, Barbara Jones, who having been sworn, states that (s)he is Business Manager for the Albany Herald Publishing Company, Inc. that the Albany Herald Publishing Company, Inc. is the publisher of the Albany Herald, a daily newspaper of general circulation in the City of Albany, and the paper in which the Sheriff's advertisements for Dougherty County, Georgia, are published, and that the legal notice, a copy of which is attached hereto as Exhibit A, was published in the Albany Herald once a week for three weeks on the following dates: August 22, 29, September 5, 1977. /s/ Barbara Jones Sworn to and subscribed before me, this 12th day of September, 1977. /s/ Pauline Black Notary Public. My Commission Expires May 24, 1981. Filed in Office of Secretary of State October 14, 1977. CITY OF ATLANTACITY ATTORNEY. An Ordinance to amend Article VI, Section 6-401 of the City Charter (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to delete the City Attorney's obligation to approve as to form all ordinances and resolutions which shall make or authorize contracts; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained and enacted by the council of the City of Atlanta, as follows:

Page 4761

Section 1. That Article VI, Section 6-401 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 striking from the second sentence of said Section 6-401 the words and all ordinances and resolutions which shall make or authorize contracts, so that, as amended, said sentence shall read as follows: All contracts shall be approved as to form by the City Attorney. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, shall be filed in the Offices 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 and parts of ordinances in conflict herewith are hereby repealed. A true copy /s/ Jessy C. Bearden Deputy Clerk of Council Adopted by City Council Feb. 7, 1977. Approved by the Mayor Feb. 15, 1977. Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend Article VI, Section 6-401 of the Charter of the City of Atlanta, (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to delete the City Attorney's obligation to approve as

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to form all ordinances and resolutions which shall make or authorize contracts; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 21st day of December, 1976. /s/ Marion Black Acting Clerk of Council City of Atlanta 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 5th, 12th, and 19th days of Jan., 1977, as provided by law. /s/ Bessie K. Crowell Subscribed and sworn to before me, this 20th day of January, 1977. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 16, 1979. Filed in Office of Secretary of State February 23, 1977.

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CITY OF ATLANTAREMOVAL OF DEPARTMENT DIRECTORS. An Ordinance to amend Article III, Section 3-301(d) of the City Charter (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to change the City's procedure for removing directors of departments during their term of office; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained and enacted by the council of the City of Atlanta, as follows: Section 1. That Article III, Section 3-301(d) 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 deleting the second sentence of said Section 3-301(d) in its entirety and inserting in lieu thereof the following: The Mayor shall be authorized to suspend with or without pay and/or remove directors of departments during their term of office. Effective immediately upon the Mayor's giving of written notice of removal and the reasons therefor to the Council with a copy thereof to said director, all official duties and responsibilities of said director shall be suspended; provided that the Council may override the Mayor's action to remove by a two-thirds vote of its total membership within twenty-one (21) days following receipt of the Mayor's written notice by the Council; and provided that if the Council so overrides, said director shall be deemed for pay and other purposes never to have been removed. In the event the Council does not override the action of the Mayor within twenty-one (21) days, said director shall be deemed to be removed from office effective upon receipt of said notice by the Council. Section 2. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of 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

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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 and parts of ordinances in conflict herewith are hereby repealed. A true copy /s/ Jessy C. Bearden Deputy Clerk of Council Adopted by City Council April 18, 1977. Approved by Mayor April 19, 1977. Notice of Proposed Amendment To the Charter of The City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend Article III, Section 3-301(d) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to change the City's procedure for removing directors of departments during their term of office; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 23rd day of March, 1977. /s/ M. A. Black Acting Clerk of Council City of Atlanta EXHIBIT A
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Public Notice Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an Ordinance has been introduced to amend Article III, Section 3-301(d) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to change the City's procedure for removing directors of departments during their term of office; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 23rd day of March, 1977. /s/ M. A. 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 7, 14 21 day of April, 1977. Sworn to and subscribed before me this 21st day of April, 1977. /s/ Betty N. Branch Notary Public My Commission Expires October 18th, 1977. (Seal).

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Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend Article III, Section 3-301(d) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to change the City's procedure for removing directors of departments during their term of office; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. The 23rd day of March, 1977. /s/ M. A. Black Acting Clerk of Council City of Atlanta Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Becky Busby who after being duly sworn states under oath that she is the Customer Service Representative of Atlanta Newspapers, Proprietors of The Atlanta Journal, (Daily, Evening), and the Atlanta Constitution, (Daily, Morning) and The Atlanta Journal and The Atlanta Constitution, (Sunday), Newspapers of general circulation published in the City of Atlanta, Georgia, and who further states under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on March 25, 1977 April 1, 1977 and April 8, 1977. /s/ Becky Busby Sworn to and subscribed before me, This 14 day of April, 1977. /s/ J. O. Nicholson

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Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an Ordinance has been introduced to amend Article III, Section 3-301(d) of the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973) as amended, so as to change the City's procedure for removing directors of departments during their term of office; to repeal conflicting laws and ordinances; and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 23rd day of March, 1977. /s/ M. A. Black Acting Clerk of Council City of Atlanta Publisher's Affidavit Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Mildred N. Lazenby, who, being first duly sworn, according to law, says that she is the Sec'y.-Treas. 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 31st day of March, 1977, and on the 7th, 14th days of April, 1977. As provided by law. /s/ Mildred N. Lazenby Subscribed and sworn to before me, this 15th day of April, 1977. /s/ Maiodis F. Palmer Notary Public, Georgia, State at Large. My Commission Expires Nov. 11, 1979. Filed in office of Secretary of State April 28, 1977.

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CITY OF ATLANTAMAYOR'S SUBPOENA POWERS. 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 article III, chapter 1 of the Charter of the City of Atlanta, (Ga. L. 1973, p. 2188, et seq., approved March 16, 1973), as amended, so as to authorize the Mayor to subpoena documents and persons during the course of an investigation by the office of the Mayor into any irregularities which may have occurred during the administration of an examination for sergeants and captains by the Atlanta Bureau of Police Services during the year 1975; to provide penalties for failure to abide the lawful order of said subpoenas; to repeal conflicting laws and ordinances; and for other purposes. Be it ordained and enacted by the Council of the City of Atlanta, Georgia, as follows: Section I. That Article III, Chapter 1, Section 3-105 of the Charter of the City of Atlanta (Ga. L. 1973, pp. 2203, 2204 and 2205), as amended, is hereby amended by adding a subsection 15 to said Section 3-105 which shall provide as follows; (15) The Mayor is hereby authorized to conduct hearings, investigations, and to swear witnesses with regard to such hearings and investigations, relative to any irregularities which may have occurred during the administration of promotional examinations for the ranks of sergeants and captains by the Atlanta Bureau of Police Services during the year 1975. For purposes of this subsection the Mayor shall have the power by subpoena to compel the attendance of witnesses and the production of documents and other evidence but such hearings shall not be subject to the rules of evidence. Section II. That the two (2) citizens of Atlanta appointed by the Mayor as co-counsel to conduct an inquiry into any irregularities which may have occurred during the administration of promotional examinations for the ranks of sergeants and captains by the Atlanta Bureau of Police Services during the year 1975, for purposes of this subsection, shall have the power by subpoena to compel the attendance of witnesses and the production of documents and other evidence. Section III. It is hereby declared to be the intention of the Council that the paragraphs, sentences, clauses and phrases of this subsection

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are severable, and if any phrase, clause, sentence or paragraph of this subsection shall be declared unconstitutional by the valid judgment or decree of any Court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, and paragraphs of this subsection, since the same would have been enacted by the Council without the incorporation on this subsection of any such unconstitutional phrase, clause, sentence, or paragraph. Section IV. That the failure to obey a subpoena issued pursuant to this subsection shall be punished as provided for in Section 18-1008 of the 1977 Code of Ordinances of the City of Atlanta. Section V. That a copy of this proposed amendment to the Charter of the City of Atlanta (Ga. L. 1973, p. 2188, approved March 16, 1973), as amended, shall be filed in the Office of the Clerk of Council and in the Offices of the Clerks of the Superior Courts of Fulton County and DeKalb County and that the Notice of Proposed Amendment to Charter of the City of Atlanta attached hereto, marked Exhibit A and made a part of this Ordinance, be published once a week for three weeks in a newspaper of general circulation in the City of Atlanta 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 VI. That all laws and parts of laws and ordinances and parts of ordinances in conflict herewith are hereby repealed. A true copy /s/ Jessy C. Bearden Deputy Clerk of Council Adopted by City Council Nov. 21, 1977. Approved by the Mayor Nov. 22, 1977.

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Notice of Proposed Amendment to the Charter of the City of Atlanta Notice is hereby given that an ordinance has been introduced to amend Article III, Chapter 1 of the Charter of the City of Atlanta, Ga. L. 1973, p. 2188, et seq., approved March 16, 1973, as amended, so as to authorize the Mayor to subpoena documents and persons during the course of an investigation by the Office of the Mayor into any irregularities which may have occurred during the administration of an examination for sergeants and captains by the Atlanta Bureau of Police Services during the year 1975. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of Atlanta and in the Offices of the Clerks of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This day of, 1977. /s/ J.J. Little, Clerk of Council City of Atlanta EXHIBIT A Notice of Proposed Amendment to the Charter of the City of Atlanta. Notice is hereby given that an ordinance has been introduced to amend Article III, Chapter 1 of the Charter of the City of Atlanta, Ga. L. 1973, p. 2188, et seq., approved March 16, 1973, as amended, so as to authorize the Mayor to subpoena documents and persons during the course of an investigation by the Office of the Mayor into any irregularities which may have occurred during the administration of an examination for sergeants and captains by the Atlanta Bureau of Police Services during the year 1975. A copy of the proposed amendment is on file in the office of the Clerk of Council of the City of Atlanta and in the offices of the Clerks

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of the Superior Courts of Fulton and DeKalb Counties, Georgia, for purposes of examination and inspection by the public. This 18th day of October, 1977. /s/ Jessy C. Bearden Deputy Clerk of Council City of Atlanta Publisher's Affidavit. Georgia, Fulton County. Before me, the undersigned, a Notary Public, this day personally came Frances K. Beck, who, being first duly sworn, according to law, says that she is the Vice-President of the Daily Report Company, publishers of the Fulton County Daily Report, official 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 31st day of October, 1977, and on the 7, 14 days of November, 1977, as provided by law. /s/ Frances K. Beck Subscribed and sworn to before me, this 21st day of November, 1977. /s/ Mildred N. Lazenby Notary Public, Georgia, State at Large. My Commission Expires Oct. 24, 1979. Affidavit of Publication. Georgia, Fulton County. Personally appeared before me, the undersigned Notary Public, Becky Busby who after being duly sworn states under oath that she is the Customer Service Representative 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

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under oath that the advertisement attached hereto and made a part of this affidavit appeared in The Atlanta Constitution on October 31, 1977, November 7, 1977, and November 14, 1977. /s/ Becky Busby Sworn to and subscribed before me, This 21st day of November, 1977. /s/ Jack A. Donley Notary Public, Georgia, State At Large. My Commission Expires Aug. 16, 1981. Filed in office of Secretary of State November 29, 1977. CITY OF BYRONSALARIES OF MAYOR AND ALDERMEN. An Ordinance to amend the charter of the City of Byron by repealing the provisions of section nineteen (19) and enacting new provisions relative to salaries for the Mayor and Board of Aldermen. Be it Ordained by the Mayor and Board of Aldermen of the city of Byron, and it is hereby Ordained by authority of the same as follows: That all of the provisions of Section Nineteen (19) of the Charter of the city of Byron be repealed and removed from the charter; and, Be it further enacted that the provisions set forth below be incorporated into the Charter as Section Nineteen (19). Section 19. Salaries of the Mayor and Aldermen. Be it further enacted that the salaries of the Mayor and Aldermen shall be set by the Board of Aldermen, but in no event shall the Mayor's salary exceed three hundred dollars ($300) per month nor shall individual Aldermen's salaries exceed thirty-five dollars ($35) per month.

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If any material or vital portion of this Ordinance should be adjudged void, then the whole Ordinance will be null and void. Adopted by the Mayor and Council, July 5, 1977. Adopted by the Mayor and Council, August 1, 1977. /s/ Lawrence Collins Mayor Attest: /s/ Frances McDaniel City Clerk Notice. Notice is hereby given of a proposed Amendment to the Byron City Charter. The proposed amendment would repeal Section 19 as presently in Charter which fixes the Mayor's salary at $10.00 per month and Aldermen salaries at $1.00 per month and provides new salaries of $300.00 monthly for the Mayor and $35.00 monthly for Aldermen. A copy of the proposed amendment is on file in the office of the City Clerk and in the office of the Clerk of the Peach County Superior Court for the purpose of examination and inspection by the public. Georgia, Peach County. The undersigned hereby states under oath that the notice attached to this sheet was published once a week for four (4) weeks in the Leader Tribune, the official organ of Peach County, Georgia, on July 7, 14, 21, 1977. Witness my signature this 1st day of August, 1977. /s/ Mrs. C. Wilton Walton Sworn to before me this 1st day of August, 1977. /s/ Susie Raburn Notary Public Filed in office of Secretary of State August 15, 1977.

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CITY OF CONYERSNEW CHARTER ARTICLE I Incorporation, Powers, Boundaries Section 1-101. Incorporation; name. Section 1-102. General powers. Section 1-103. Special powers. Section 1-104. Construction of powers. Section 1-105. Boundaries; official map. Section 1-101. Incorporation; name. The City of Conyers, Georgia, and the inhabitants thereof shall continue to be a body politic and corporate under the name of the City of Conyers (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, and by this charter. The city shall exercise and enjoy all powers of self-government not specifically prohibited by the Constitution, the General Laws of the State of Georgia, or by 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 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.

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State Law Reference: Home Rule, Ga. Code Ann., sec. 2-6102; 69-309 to 69-318; and 69-1015 et seq. Section 1-103. Special powers. 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 systems, 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. 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 anyway the powers of the city. Section 1-105. Boundaries; official map. (a) The corporate limits and boundaries of this city shall be those existing immediately prior to the effective date of this section 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 Conyers, 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 Chapter 2. Powers of Council Chapter 3. Mayor and Mayor Pro Tem Chapter 4. Organization and Procedures of Council CHAPTER 1 General Provisions Section 2-101. Creation; composition; term of office. Section 2-102. Qualifications. Section 2-103. Compensation. Section 2-101. Creation; composition; term of office. There shall be a city council (hereinafter at times referred to as the council) composed of the mayor and six (6) council members elected as provided in article IV of this charter for three (3) year terms and until a successor is elected and qualified. Section 2-102. Qualifications. (a) to be eligible for election or appointment to the council, a person, at the time of election or appointment, must: (1) have attained the age of 18 years; (2) have resided in the city for one (1) year; (3) be a qualified elector of the city; and (4) meet any other requirements as may be established by general state law. State Law Reference: Other qualifications, Ga. Code Ann., sec. 89-101. 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

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addition, the council members shall receive their expenses incurred in the performance of their official duties in the manner provided by ordinance. State Law Reference: Ga. Code Ann., Sec. 69-1019. CHAPTER 2 Powers of Council Section 2-201. General powers. Section 2-202. Execution of powers. Section 2-203. Specific powers, duties and limitations. Section 2-204. Independent audits. Section 2-205. Inquiries and investigations. Section 2-201. General powers. Except as is otherwise provided by this charter, all powers of the city shall be vested in the council. Cross Reference: City manager, art. III and municipal court, art. VII. Section 2-202. Execution of powers. The council shall, by ordinance only, provide 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 unless otherwise provided by state law or this charter. Section 2-203. Specific powers, duties and limitations. (a) Without otherwise limiting the general powers of the council, it shall: (1) adopt all annual appropriations for the city and any supplements or amendments the council deems necessary from time to time during the fiscal year, by ordinance; (2) adopt, by ordinance, a fiscal year for the city and each of its

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departments, boards or other agencies and any other ordinances for the regulation and management of the financial affairs of the city it deems necessary; (3) adopt ordinances providing for all governmental reorganizations including the establishment, alteration, or abolishment or any and all non-elective offices, positions, departments and agencies of the city unless otherwise established or provided by this charter; (4) adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) establish, by resolution, committees of its members for legislative, investigative and study purposes and members of these committees shall be appointed by the mayor. (6) adopt any resolution or motion expressing the council's opinion on any subject or, where authorized by ordinance, approve by motion the issuance of any license or permit of the city; (7) appoint, by a motion adopted by a majority of all council members, any officer or agent of the city unless otherwise provided by state law, this charter of ordinance; (8) establish and appoint, by resolution, any committee of citizens to advise the council as it deems necessary; provided, however, that the term of such committee shall automatically expire within one (1) year of its creation, if not earlier abolished by the council; and (9) adopt any other ordinance or amendment to this charter as is 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 state law or this charter. (b) No power in this section shall be exercised by the city except as it provided in this section. Section 2-204, Independent audits. The council shall provide, by resolution, for an independent annual audit of all city accounts and may similarly provide for more

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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 by resolution the accountant or firm annually or for a period not exceeding three (3) years provided that the designation for any particular fiscal year shall be made no later than 90 days after the beginning of the fiscal year. If the state makes an audit, the council may accept it as satisfying the requirements of this section. The council may also provide by resolution for special independent audits of any office, department, board, commission, or other agency of the city. State Law Reference: Publication of financial statements, Ga. Code Ann., sec. 69-317. Section 2-205. 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 of the city or any joint city/county or independent commission, board or authority of the city or county. For this purpose, the council may subpoena witnesses, administer oaths, take testimony and require the production of evidence in the same manner as the Superior Court of Rockdale County. Any person who fails or refuses to obey a lawful order 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 Rockdale County from a council contempt conviction is allowed as for any conviction in the municipal court. Cross Reference: Contempt of municipal court, sec. 7-103(j). CHAPTER 3 Mayor and Mayor Pro Tem Section 2-301. Mayor. Section 2-302. Mayor pro tem. Section 2-303. Interpretation of terms.

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Section 2-301. Mayor. (a) The mayor shall: (1) preside at all meetings of the council; (2) appoint any council committees; (3) be an ex-officio member of all council committees; (4) be the official head of the city for the service of process and for ceremonial purposes; (5) be the official representative and chief advocate of policy for the city; (6) be compensated for service in the same manner or with an additional amount as for other council members; (7) have the power to administer oaths and to take affidavits; (8) unless otherwise provided by ordinance, to sign, as a matter of course, all written contracts, ordinances and other instruments executed by the city which by law are required to be in writing; and (9) to perform any other duties and exercise any other powers required by state or federal law or authorized by ordinance not in conflict with this charter; (10) convene special sessions as provided in the city charter; but (11) otherwise, the mayor shall have all the same powers and duties of other council members. Section 2-302. Mayor pro tem. The council shall appoint by a majority vote from among its members other than the mayor, a mayor pro tem who shall assume the duties and powers of the mayor in his or her absences or disability but otherwise shall have all the same powers and duties as other council members.

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Section 2-303. Interpretation of terms. All references to members of council, unless specifically provided otherwise, shall mean and include the mayor and mayor pro tem. CHAPTER 4 Organization and Procedures of Council Section 2-401. Organizational meeting. Section 2-402. Rules of procedure; journal of minutes. Section 2-403. Meetings; regular; special; emergency. Section 2-404. Codes of technical regulations. Section 2-405. Authenticating ordinances; recording; codification; printing. Section 2-401. Organizational meeting. (a) The newly elected or re-elected mayor and council members shall meet for organization and swearing-in ceremonies on the date and at the time of the first regular meeting in January following each regular municipal election, or if that date is a legal holiday, on the next following day not a legal holiday. (b) At this meeting, the newly elected or re-elected mayor and council members shall each qualify to take office by taking the following oath of office to be administered by a person authorized by state law to administer oaths: I do solemnly swear (or affirm) that I will truly perform to the best of my abilities the duties of (mayor or council member, 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 Conyers 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 by ordinance. (d) A special meeting may be called to install any member elected by a special election.

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Section 2-402. Rules of procedure; journal of minutes. (a) The council, by a motion approved 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 and ordinances of the city, provided that: (1) Every proposed ordinance and resolution shall be introduced in writing and in the form required in the rules of procedure. (2) Every ordinance shall be introduced at a proper council meeting and begin with an enacting clause substantially as follows: The Council of the City of Conyers hereby ordains... (3) A proposed ordinance may be introduced by any council member and shall be introduced and read at a regular or special meeting only if the ordinance is listed on the agenda for that meeting, however, this requirement may be waived by a motion unanimously adopted by all council members. (4) No ordinance may be adopted at the same meeting at which it is introduced, however, this requirement may be waived by a motion unanimously adopted by all council members. (5) An agenda for a regular council meeting shall be distributed to all council members and made available to the public at least 24 hours before that meeting and additions of proposed ordinances to the agenda after that time shall be void unless approved by a motion unanimously adopted by all council members. (6) 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. (7) All actions of council shall require the affirmative vote of a majority of the council members present unless otherwise required by this charter. (8) All amendments to ordinances shall be by ordinance. (b) A journal of minutes shall be maintained and every official

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action of the council shall be recorded therein and the journal shall be a public record. Any council member shall be able to require the recording of yeas and nays of each member in the journal for any votes taken by the council. Section 2-403. Meetings; regular; special; emergency. (a) The council shall fix the date and time of regular meetings of the council by ordinance and there shall be at least one (1) regular meeting each month. (b) Special meetings of the council may be held on call of the mayor or a majority of all members of the council. Notice of a special meeting shall be served on all other members personally, or by telephone personally, or otherwise notified as fully as is reasonably possible 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 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, but the affirmative

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vote of a majority of all council members shall be required for adoption. It shall become effective upon adoption 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 matter 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. State Law Reference: Public meetings, minutes, Ga. Code Ann., ch. 40-33. Section 2-404. 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 the adopting ordinance shall be as prescribed for ordinances generally. (b) Any requirements for distribution and filing of copies of the ordinance shall be construed to include copies of any code of technical regulations, as well as the adopting ordinance. (c) 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 2-405. (d) Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution or for purchase by the public at a reasonable price. Section 2-405. Authenticating ordinances; recording; codification; printing. (a) The city clerk shall authenticate by signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the council. (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

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by ordinance and shall be published promptly, together with all amendments thereto, any 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 Conyers, 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. (c) The council shall cause each ordinance and each amendment to this charter to be printed promptly following its adoption, and the printed ordinances and charter amendments shall be made available for purchase by the public at a reasonable price. (d) following publication of the first code under this charter and at all times thereafter, any ordinances and charter amendments thereafter adopted shall be printed in substantially the same style as the code then currently in effect and shall be suitable in form for incorporation therein. The council shall make any 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 City Manager Section 3-101. Appointment; qualifications. Section 3-102. Removal of the city manager. Section 3-103. Acting city manager. Section 3-104. Powers and duties. Section 3-105. Council interference with administration. Section 3-101. Appointment; qualifications. (a) The city manager shall be appointed by a majority vote of all council members for a term set by contract with the city manager. (b) The city manager shall be chosen solely on the basis of executive, administrative and managerial qualifications with special reference to actual experience in or knowledge of accepted practices in respect to the duties of the office hereinafter set forth. At the time

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of appointment he or she need not be a resident of the city or the state, but during the tenure of office he or she shall reside within the city. (c) No council member shall receive this appointment during the term for which the member was elected nor within one (1) year after the expiration of that term. Section 3-102. Removal of the city manager. The council may remove the city manager by such procedure as may be set out in the city manager's contract with the city. Section 3-103. Acting city manager. The council shall appoint a qualified city administrative officer as acting city manager to exercise the powers and perform the duties of the city manager during any temporary absence or disability, which disability shall be acknowledged by a motion adopted by a majority vote of all council members present. Section 3-104. Powers and duties. (a) The city manager shall: (1) be the chief administrative officer of the city; (2) be responsible to the council for the proper administration of all affairs of the city; (3) appoint and, when necessary for the good of the city, suspend or remove all officers and employees of the city execpt as otherwise provided by state law, this charter, or personnel ordinances of the city; (4) be authorized to delegate the appointment and removal powers in (3) above to each department head of the city for that department; (5) nominate for appointment any officers, agents or employees of the city required to be appointed by the council and no appointment hereunder shall be made without the endorsement of the city manager;

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(6) prepare and submit an operating and capital improvements budget annually to the council; (7) prepare and submit to the council, at the end of each fiscal year, a report on the administrative and financial activities of the city for the preceding year; (8) make any other reports on the operation of any aspect of the city operation as the council may request by motion; and (9) perform any other duties and exercise any other powers as directed by ordinance consistent with this charter and state law. (b) The city manager shall appoint and remove all department heads with the consent of the council adopted by motion and may personally serve as department head of any and all departments. Section 3-105. Council interference with administration. Except for the purpose of inquiries and investigations under section 2-205, the council and its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor its members shall give orders to any city officer or employee, either publicly or privately. ARTICLE IV Election and Removal Chapter 1. Conduct of Elections Chapter 2. Removal from Office CHAPTER 1 Conduct of Elections Section 4-101. Application of general laws. Section 4-102. Regular elections; time for holding; specifying post. Section 4-103. Special elections; vacancies.

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Section 4-101. Application of general laws. All municipal general or special elections 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. Section 4-102. Regular elections; time for holding; specifying post. (a) The regular election for council posts one (1) and two (2) shall be held on the first Saturday of December, 1978 and on that day every three (3) years thereafter. (b) The regular election for council posts four (4) and five (5) shall be held on the first Saturday of December, 1979 and on that day every three (3) years thereafter. (c) The regular election for mayor and council posts three (3) and six (6) shall be held on the first Saturday of December, 1980 and on that day every three (3) years thereafter. (d) The candidates receiving the highest number of votes shall be elected. Section 4-103. Special elections; vacancies. (a) In the event that the office of mayor or any other council member shall become vacant for any cause whatsoever, the council or those remaining may order a special election to fill the balance of the unexpired term of that office. (b) If, however, there is only one (1) council vacancy, the remaining members may function as the full council until the vacancy is filled for the remainder of the term at the next regular municipal election. (c) The mayor pro tem shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified.

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CHAPTER 2 Removal from Office Section 4-201. Occurrence of vacancies. Section 4-202. Recall elections. Section 4-203. Forfeiture of office; suspension. 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 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 shall be initiated upon a written request to that effect signed by at least 30 percent 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. The recall election shall be a special election under the Georgia Municipal Election Code. (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, he or she shall not be subject to recall for the remainder of that term. Section 4-203. Forfeiture of office; suspension. (a) The mayor, or any council member, shall forfeit his office and it shall be vacant:

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(1) 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, intentional violation of this charter or a felony; or (2) for failure at any time to possess any of the qualifications of office as provided by this charter or by general state law. (b) Whenever the mayor, or a council member, shall be indicted for a crime involving malfeasance or misfeasance in office, intentional violation of this charter or of a felony, the person shall be automatically suspended from office without pay until disposition of the charges against the person. Immediately thereafter, unless the person has been convicted, pleaded guilty or entered a plea of nolo contendere, the person shall be reinstated in office and shall receive all compensation withheld during the suspension. If the person is convicted, pleads guilty or enters a plea of nolo contendere, the person's office shall be vacant. ARTICLE V Administration Chapter 1. City Attorney Chapter 2. City Clerk Chapter 3. City Organization Chapter 4. Personnel Chapter 5. Boards and Commissions Chapter 6. Regulation of Conduct CHAPTER 1 City Attorney Section 5-101. Appointment and qualifications. Section 5-102. Duties and responsibilities. Section 5-101. Appointment and qualifications. There shall be a city attorney who shall be appointed and removed at the pleasure of the mayor and council. He or she shall be an active member of the State Bar of Georgia in good standing.

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Section 5-102. Duties and responsibilities. The city attorney shall be legal counsel to the city and perform any other duties as may be provided by ordinance. Cross Reference: Contracts, sec. 6-401. CHAPTER 2 City Clerk Section 5-201. Appointment and qualifications. Section 5-202. Duties and responsibilities. Section 5-201. Appointment and qualifications. There shall be a city clerk who shall be appointed and removed as provided in this charter for department heads. He or she shall be chosen solely on the basis of executive, administrative and managerial qualifications. Cross Reference: Department heads, sec. 3-104(b). Section 5-202. Duties and responsibilities. The city clerk shall be secretary to the council; keeper of official records and seal of the city; and shall perform any other duties as may be provided by this charter or ordinance. Cross Reference: Official city map, sec. 1-105(a); authenticating ordinances, sec. 2-405(a); contracts, sec. 6-401. CHAPTER 3 City Organization Section 5-301. City departments and agencies. Section 5-302. Administrative reorganization. Section 5-301. City departments and agencies.

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Except as provided by this charter, the departments and agencies of the city shall be created and established by ordinance, and the departments shall be responsible for the performance of the functions and services enumerated therein and as prescribed by administrative regulations of the city manager consistent therewith. The operations and responsibilities of 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 regulations consistent therewith. Section 5-302. Administrative organization. The council may, by an ordinance proposed by the city manager, organize, combine, consolidate, or discontinue any departments, agencies, or divisions of the city government as it may from time to time deem desirable consistent with this charter. CHAPTER 4 Personnel Section 5-401. Personnel system. Section 5-401. Personnel system. (a) The council shall establish by ordinance a personnel system for part of or all city employees and officials as it deems necessary consistent with this charter. (b) This 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, vacations, sick leave, special workman's compensation 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.

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CHAPTER 5 Boards and Commissions Section 5-501. Authority to create. Section 5-502. Composition; appointment; bylaws; removal. Section 5-501. Authority to create. The council may, by ordinance, create commissions and boards which may perform the duties prescribed, including, but not limited to, making studies, conducting research and investigations, holding hearings and preparing recommendations as to needed ordinances and resolutions and for any other purposes authorized. Section 5-502. Composition; appointment; bylaws; removal. (a) The council may, by ordinance, provide for the manner of appointment, makeup; and composition of commissions and boards, their periods of existence, and for the compensation of their members and employees, in whole or in part. The council may provide by ordinance for reimbursement of the actual and necessary expenses incurred by the members of boards and commissions in the performance of their official duties. The council shall have the authority to annually appropriate money derived from taxation, contributions, or otherwise for and to these commissions and boards to provide for their operation, either in whole or in part. (b) Any vacancy in the office of any member of a board or commission shall be filled for the unexpired term in the manner prescribed for original appointment. (c) Any member of a board or commission may be removed from office for cause by a majority vote of all of the council members. (d) Each board and commission may establish bylaws, rules and regulations, not inconsistent with this charter, ordinances, or applicable state law, as it deems appropriate and necessary for its internal organization, election of officers, and for the conduct of its affairs, copies of which shall be filed with the city clerk and approved by the council prior to their being effective.

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CHAPTER 6 Regulation of Conduct Section 5-601. Declaration of policy. Section 5-602. Conflict of interest. Section 5-603. Disclosure of interest. Section 5-604. Fair and equal treatment. Section 5-605. Future employment. Section 5-606. Use of public property. Section 5-607. Contracts voidable and rescindable. Section 5-608. Ineligibility of elected officials. Section 5-609. Political activities of certain officers and employees. Section 5-610. Participation in elections. Section 5-611. Penalties for violation. 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: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair independence of judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when the employment or service is incompatible

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with the proper discharge of official duties or would tend to impair the independence of judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which he or she is engaged or is a member of without proper legal authorization, or use that information to advance the financial or other private interest of that person or others; (4) Accept any valuable gift, whether in the form of service, loan, thing, or promise, from any person, firm or corporation which to the person's knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body he or she is a member of or by which he or she is engaged; provided, however, than an elected official who is a candidate for public office may accept campaign contributions and services in connection with any campaign; (5) Represent private interests, other than his or her own, in any action or proceeding against the city or any portion of its government; (6) Vote or otherwise participate in the negotiation or the making of any contract with any business or entity in which he or she has a substantial financial interest. State Law Reference: Voting when personally interested, Ga. Code Ann., 69-204. 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 be filed with the city clerk. Any member of the council who has or who knows another member has any personal or private interest, direct or indirect, financial or otherwise, in any proposal before the council, shall disclose the interest in writing to the council. The disclosure

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shall be made a matter of public record prior to the taking of any vote on the proposal. Section 5-604. Fair and equal treatment. No elected or appointed officer or employee shall use that official position to secure or grant special consideration, treatment, advantage, privilege or exemption to any person beyond that which is available to every other person. Section 5-605. Future employment. No person who has served as an elected or appointed officer or employee of the city shall, within a period of one (1) year after termination of that service or employment, appear for compensation before any agency of the city, or receive compensation for any services rendered in behalf of any private interests in relation to any case, proceeding or application with respect to which the person was directly concerned, or which was under the person's active consideration, or with respect to which knowledge or information was made available to the person during the period of service or employment. Section 5-606. 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 personal benefit, convenience, or profit except in accordance with policies promulgated by the council or the governing body of the agency or entity. Section 5-607. 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 5-608. Ineligibility of elected officials. Except where authorized by law, neither the mayor nor any council member shall hold any other elective or compensated appointive

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office in the city or otherwise be employed by the city or any agency thereof during the term for which he was elected. No former mayor and no former council member shall hold any employment or compensated appointive office in the city until one (1) year after the expiration of the term for which the official was elected. Section 5-609. Political activities of certain officers and employees. No appointive officer or employee of the city shall continue in that employment or service upon qualifying as a candidate for nomination or election to any city elective office. Section 5-610. Participation in elections. No appointed officer or employee of the city shall in any manner contribute to any candidate for election to a municipal office of the city or participate in any election, primary or political contests for a municipal office of the city other than by exercising the right to vote, privately expressing political views, or by serving as election officials. Section 5-611. Penalties for violation. (a) Any city officer or employee who knowingly violates any requirement of this charter shall be guilty of malfeasance in office or position and shall be guilty of a misdemeanor. (b) Any officer or employee of the city who violates (a) above, shall be ineligible for appointment or election to or employment in a position in the city government for a period of at least three (3) years thereafter. (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.

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ARTICLE VI Finance and Fiscal Chapter 1. Taxation and Other Revenue Chapter 2. Borrowing and Indebtedness Chapter 3. Fiscal Control Chapter 4. Purchasing, Contracting and Disposition of Property CHAPTER 1 Taxation and Other Revenue Section 6-101. Property tax. Section 6-102. Millage rate; due dates; payment methods. Section 6-103. Occupation and business taxes. Section 6-104. License; permits; fees. Section 6-105. Service charges. Section 6-106. Special assessments. Section 6-107. Construction; other taxes. Section 6-108. Collection of delinquent taxes and fees. Section 6-109. Bonds; faithful performance. Section 6-101. Property tax. The council, by ordinance, 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 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 the principal and interest on general obligations; and for any other lawful public purpose as determined by the council in its discretion. Section 6-102. Millage rate; due dates; payment methods. (a) 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. (b) The council, by ordinance, may provide for the payment of these taxes by installments or in one (1) lump sum, as well as to

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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. The council, by ordinance, shall have the power to levy any occupation or business taxes as are not denied by general state law. These taxes may be levied on both individuals, partnerships 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 callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in section 6-108 of this chapter. Section 6-104. Licenses; permits; fees. The 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 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 6-108. The council, by ordinance, may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitates. Section 6-105. Service charges. The council, by ordinance, shall have the power to assess and collect fees, charges, and tolls for water, sewer, sanitary and 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 these services. If unpaid, these charges or fees shall be collected as provided in section 6-108.

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Section 6-106. 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 any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in section 6-108. Section 6-107. Interpretation; other taxes. This city shall be empowered to levy any other tax as may be authorized 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 govern its local affairs. Section 6-108. 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 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 executions 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. Section 6-109. 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.

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CHAPTER 2 Borrowing and Indebtedness Section 6-201. General obligation bonds. Section 6-202. Revenue bonds. Section 6-203. Short term 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. 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. State Law Reference: Ga. Code Ann., ch. 87-2 through 87-8. Section 6-202. Revenue bonds. Revenue bonds may be issued by the council 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. State Law Reference: Ga. Code Ann., ch. 87-8. Section 6-203. Short term notes. The city may issue short term notes as now or hereafter provided by general state law. State Law Reference: Ga. Code Ann., sec. 2-6404. CHAPTER 3 Fiscal Control Section 6-301. Municipal budget; preparation; submission. Section 6-302. Municipal appropriations ordinance.

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Section 6-303. Supplementary appropriations. Section 6-304. Appropriation for specific sums. Section 6-301. Municipal budget; preparation; submission. (a) The city manager shall submit to the council at least six (6) 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 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, by ordinance, 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.

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(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 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 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. Section 6-402. Purchasing procedures. Section 6-403. Sale and disposition of property.

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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 original of all contracts shall be maintained on file in the office of the city clerk. Section 6-402. Purchasing procedures. The council shall prescribe by ordinance the procedures for all purchases of real and personal property by the city. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. State Law Reference: In regard to municipal streets, see, Ga. Code Ann., Title 95A. 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. State Law Reference: See Ga. Code Ann., sec. 69-318. ARTICLE VII Municipal Court Section 7-101. Creation; jurisdiction. Section 7-102. Chief judge; associate judges; appointment; compensation; oath. Section 7-103. Convening; rules of procedures; powers; punishments. Section 7-104. Appeals. Section 7-101. Creation; jurisdiction. There shall be a court of the city, to be known as The Municipal Court of Conyers, Georgia, which shall be vested with all the

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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. State Law Reference: Criminal jurisdiction of justices of the peace, Ga. Code Ann., sec. 24-1501 et seq. Cash bonds, Ga. Code Ann., sec. 27-907 et seq. Corporate, police and mayor's courts, Ga. Code Ann., sec. 69-701 et seq. Courts for trial of offenses relating to traffic on public roads, Ga. Code Ann., sec. 92A-501 et seq. and sec. 68A-1501 et seq. Marijuana possession, Ga. Code Ann., sec. 79A-9917. Section 7-102. Chief judge; associate judges; appointment; compensation; oath. (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. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years and shall be member of the State Bar of Georgia and all judges shall be appointed or removed by a majority vote of all council members. (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 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. Section 7-103. Convening; rules of procedure; powers; punishments. (a) The municipal court shall convene at 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 Rockdale County unless otherwise provided by ordinance, this charter, or general state law.

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(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 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. (f) The municipal court shall have authority to establish a schedule of fees to defray the cost of operation and the city 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) Unless a lesser penalty is provided by ordinance, 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: (1) a fine not to exceed $200; (2) imprisonment in the city prison for a period of not more than 90 days; (3) commitment at labor upon the public works and streets of the city for a period of not more than 90 days; or (4) any one (1) or all of these punishments when the facts of the case justify such punishments; (5) provided, however, that each contempt of municipal court shall be punishable either by imposition of a fine not exceeding $50 or by imprisonment in the city prison for a period of time not exceeding 50 days or both. Section 7-104. Appeals. 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

Page 4807

municipal court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the probate court. Provided that any person who fails to file an appeal within 10 days of the date of conviction shall be deemed to have waived the right. ARTICLE VIII General Provisions Section 8-101. Ordinances and regulations. Section 8-102. Contracts and obligations; proceeding. Section 8-103. Governing body defined. Section 8-104. Section captions; rules of construction. Section 8-105. Severability. Section 8-106. City officers and employees. Section 8-107. General repealer. Section 8-108. Specific repealer. Section 8-101. Ordinances and regulations. Existing ordinances, resolutions, rules and regulations of the city and 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; proceeding. (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 existing departmental organization of the city shall continue in effect upon the effective date of this charter until such

Page 4808

organization is changed or reorganized as provided by ordinance of the council and administrative regulations consistent therewith. Section 8-103. Governing body defined. For the purpose of all laws requiring action of the governing body of the City of Conyers, such action shall be accomplished by ordinance or resolution unless specifically provided otherwise by the particular law involved. Section 8-104. Section captions; rules of construction. (a) The captions of the several sections of this charter are informative only and are not to be construed as a part thereof. (b) The word shall in this charter is intended to be mandatory and the word may is not. (c) In the construction of this charter, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the adopting body: (1) City. The words the city or this city shall mean the City of Conyers, Georgia. (2) County. The words the county or this county shall mean the County of Rockdale, Georgia. (3) Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males. (4) Number. Words used in the singular include the plural, and the plural includes the singular number. (5) Or, and. Or may be read and, and and may be read or if the sense requires it. (6) Other officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by title only, i.e., city clerk, city council, chief of police, etc., they shall be deemed to refer to the officials, board, commissions and departments of the City of Conyers, Georgia.

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(7) Person. The word person shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals. (8) State. The words the state or this state shall be construed to mean the State of Georgia. (9) Street. The word street shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city and shall embrace all parts thereof constituting the designated right-of-way. Section 8-105. Severability. If any provisions of this charter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this charter which can be given effect without the invalid provision or application, and to this end the provisions of this charter are declared to be severable. Section 8-106. City officers and employees. All elected or appointed officers and employees of the city immediately prior to the adoption of this act shall continue in their positions until otherwise provided by this charter or ordinance. Section 8-107. General repealer. All laws and clauses of laws in conflict with this act are hereby repealed. Section 8-108. Specific repealer. All acts or portions of acts creating, reenacting or amending any and all charters of the City of Conyers are hereby repealed including, but not limited to, Ga. L. 1853-4, p. 259; 1857, p. 171; 1870 p. 183; 1880-1, p. 373; 1887, p. 576; 1889, p. 1287; 1890-1, p. 693; 1893, p. 200 and 421; 1895, p. 190; 1900, p. 271; 1911, p. 977; 1912, p. 779; 1916, p. 656; 1920, p. 877; 1921, p. 851; 1939, p. 918; 1955, p. 2531; 1956, p. 2430; p. 2752 and 2907; 1960, p. 2028; and 1970, p. 2719.

Page 4810

A public hearing was held October 17, 1977, Mayor Owens presiding. CharterA motion was made by Troy Athon, seconded by David Smith to adopt the charter. For5 AgainstJoe Towns The charter will be advertised in the paper for three weeks and the final adoption will be made at the November special meeting. A special meeting of the City Council was held November 21, 1977, Mayor Owens presiding. CharterA motion was made by Bill Spivey, seconded by Troy Athon to adopt the charter which was first adopted on October 17, 1977. For5 OpposeJoe Towns. Legal Notice. The Mayor and Council of Conyers, Georgia at its meeting, Monday, October 17, 1977, did adopt a new charter for the City of Conyers. Final adoption of the charter will take place at a meeting of the Mayor and Council to be held Monday, November 21, 1977 at the Conyers City Hall at 7:30 P.M. Some of the highlights of the Charter are: (1) Incorporation, Powers, Boundaries (a) Incorporations; name (b) General powers (c) Special powers (d) Construction of power (e) Boundaries; official map (2) The Council (a) General Provisions (b) Powers of Council (c) Mayor and Mayor Pro Tem (d) Organization and Procedures of Council

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(3) City Manager (a) Appointment; qualifications (b) Removal of the City Manager (c) Acting City Manager (d) Powers and duties (e) Council interference with administration (4) Election and Removal (a) Conduct of Elections (b) Removal of Office (5) Administration (a) City Attorney (b) City Clerk (c) City Organization (d) Personnel (e) Boards and Commissions (f) Regulation of Conduct (6) Finance and Fiscal (a) Taxation and other Revenue (b) Borrowing and Indebtedness (c) Fiscal Control (d) Purchasing, Contracting and Disposition of Property (7) Municipal Court (a) Creation; jurisdiction (b) Chief Judge; associate judges; appointment; compensation; oath (c) Convening; rules of procedure; powers; punishments (d) Appeals (8) General Provisions (a) Ordinances and regulations (b) Contracts and Obligations; proceeding (c) Governing body defined (d) Sections captions; rules of construction (e) Severability (f) City Officers and employees (g) General repealer (h) Specific repealer

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Said Charter is on file in the office of the City Clerk of Conyers, Georgia at the Conyers City Hall and the office of the Clerk of Superior Court of Rockdale County, Georgia at the County Court House. Public is invited to examine and inspect the Charter. This is to certify that the attached summary of the City of Conyers Charter was published in the Rockdale Citizen the weeks of October 24th, October 31st and November 7th. /s/ Jane D. Patterson Rockdale Citizen Filed in Office of Secretary of State December 7, 1977. CITY OF COVINGTONSALARIES OF MAYOR AND COUNCILMEN. 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, by deleting therefrom Section 27 of said Charter in its entirety and substituting in lieu thereof a new Section 27 of said Charter which will increase the annual salary of the Mayor and Councilmen of the City of Covington and delete the limitation on the salary of the recorder 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, Georgia, 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, Georgia is and shall be hereby amended by deleting therefrom in its entirety the present Section 27 of said Charter entitled Salaries and substituting in lieu thereof a new Section 27 entitled Salaries as follows: SEC. 27. SALARIES. The Mayor of The City of Covington shall receive an annual salary of $7,200.00 per annum payable in equal monthly installments from

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the funds of The City of Covington. The Councilmen of The City of Covington shall each receive an annual salary of $3,600.00 payable in equal monthly installments from the funds of The City of Covington. The Recorder of The City of Covington shall receive an annual salary payable in equal monthly installments from the funds of The City of Covington and such expense allowances as shall be approved by the Mayor and Council. This ordinance shall become effective upon complete compliance with Section 6 of the Municipal Home Rule Act of 1965 (Georgia Laws 1965, pages 298, 304); provided however, that in no event shall this ordinance become effective prior to January 1, 1978. First offered and adopted pursuant to prior notices required by Georgia Laws, 1965, page 298, 302 as amended on the 7th day of February, 1977, and again adopted on the 21st day of February, 1977, the next regularly scheduled meeting of the Mayor and Council of the City of Covington succeeding its regularly scheduled meeting on February 7, 1977. /s/ W. L. Dobbs Mayor Attest: /s/ Betty L. Schell City Clerk 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 Mayor and Council of The City of Covington, Georgia intend to adopt an amendment to Section 27 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, (Georgia Laws 1962, page 2003) an amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws, 1965, page 298). The proposed amendment will delete the present salaries for the Mayor and Council and replace same with increased salaries for the Mayor and Councilmen of the City of Covington and will delete the limitation on the salary of the Recorder of the City of Covington. 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

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by the public. The City Clerk shall furnish anyone, upon written request, a copy of the proposed amendment. THE CITY OF COVINGTON /s/ (Mrs.) Betty L. Schell City Clerk Notice of Intention to Increase Compensation of Elected Officials. Notice is hereby given that the City Council of Covington, Georgia intends to take action to amend the Charter of The City of Covington to increase the compensation of the Mayor and Council of Covington, Georgia at its regularly scheduled meeting of February 7, 1977. 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 February 3, 1977, February 10, 1977, and February 17, 1977 editions of The Covington News. /s/ Leo S. Mallard, President The Covington News Sworn to and subscribed before me, this 24th day of February, 1977. /s/ James D. Alexander Notary Public.

Page 4815

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 Mayor and Council of The City of Covington, Georgia intend to adopt an amendment to Section 27 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, (Georgia Laws 1962, page 2003) an amended, pursuant to the Municipal Home Rule Act of 1965 (Georgia Laws, 1965, page 298). The proposed amendment will delete the present salaries for the Mayor and Council and replace same with increased salaries for the Mayor and Councilmen of the City of Covington and will delete the limitation on the salary of the Recorder of the City of Covington. 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 /s/ (Mrs.) Betty L. Schell City Clerk 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 January 20, 1977, January 27, 1977, and January 3, 1977 editions of The Covington News. /s/ Leo S. Mallard, President The Covington News

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Sworn to and subscribed before me, this 24th day of February, 1977. /s/ James D. Alexander Notary Public. Notice of Intention to Increase Compensation of Elected Officials. Notice is hereby given that the City Council of Covington, Georgia intends to take action to amend the charter of the City of Covington to increase the compensation of the Mayor and Council of Covington, Georgia at its regularly scheduled meeting of February, 7, 1977. EXHIBIT A Filed in Office of Secretary of State February 25, 1977. CITY OF ELBERTONRECORDER'S COURT. An Ordinance. Amending the Charter of The City of Elberton To Delete the Provision Allowing the Mayor and Council To Hold Recorder's Court; To Eliminate Appeals from Judgments of Recorder's Court to Council; and To Change the Maximum Fines Which May Be Imposed By Recorder's Court. Be it ordained by The Council of The City of Elberton: Section 1. Pursuant to authority conferred by The Municipal Home Rule Act of 1965, as amended, specifically Code Ann. 69-1017 (b) 1, the Charter of The City of Elberton, Art. IV, Sec. 35 (Ga. L. 1896, p. 148, as amended, specifically by Ga. L. 1947, p. 278 and Ga. L. 1949, p. 182) is hereby amended by deleting said Sec.

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35 in its entirety, and substituting in lieu thereof a new Sec. 35 to read as follows: Section 35. The court for the trial of offences against the ordinances of the city shall be known as the Recorder's Court, and at the first meeting of the City Council after their election and qualification, they shall elect a City Recorder for the ensuing year, and until his successor is elected and qualified, to hold said Court. His salary shall be fixed by the City Council, and he shall take such oath as may be prescribed by that body. Any vacancy in the office of City Recorder shall be filled by the City Council. Such Recorder, may hold said Court, and may exercise all the powers conferred by law upon the Recorder, and any punish for any violation of the ordinances of the City by a fine not exceeding three hundred dollars ($300.00), imprisonment in the city jail or imprisonment in the county jail by permission of the county authorities, not exceeding sixty (60) days, or work on the street chain gang, or other public work under the supervision of the Chief of Police or the Superintendent of the Street Department, not exceeding sixty (60) days, any one or more, or all of these, at the discretion of the Recorder's Court. When sitting as a court for the trial of offences the said Court shall have the power to punish for contempt by fine not exceeding one hundred dollars ($100.00), imprisonment or work in the manner already prescribed in this section for not exceeding fifty (50) days, one or both, at the discretion of the Recorder's Court. Any judgment of the Recorder's Court may be reviewed by the certiorari to the Superior Court of Elbert County, as provided by law in such cases. Section 2. A notice summarizing this amendment to the Charter shall be published in the Elberton Star once a week for three weeks preceding the second reading of this ordinance. Section 3. This amendment shall become effective when filed with exhibits as required by law in the offices of the Secretary of State and Clerk of Superior Court of Elbert County. Section 4. All laws or parts of laws in conflict herewith are hereby repealed. First Reading: Councilman Fendley

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Second Reading: Councilman Fendley Adopted: May 2, 1977 I, Iola S. Stone, City Clerk of the City of Elberton, Georgia, do hereby certify the above to be a true and exact copy of an Ordinance adopted at the regular meeting of the Mayor and City Council of the City of Elberton held on May 2, 1977, and that the same appears upon the official minutes of the Mayor and City Council of the City of Elberton, Georgia. /s/ Iola S. Stone, City Clerk Notice to Public of Amendment of the Charter of the City of Elberton Notice is hereby given in accordance with law that the Elberton City Council will consider an ordinance at its next regular meeting to be held on May 2, 1977, at 7:30 p.m. in the Council Chambers, Elberton Municipal Building, amending the City Charter as authorized by the Municipal Home Rule Act of 1965, as amended, to delete the provision allowing the Mayor and Councilmen to hold Recorder's Court in the absence or disqualification of the Recorder; to delete the provision for appeals from the Recorder's Court to Council; and changing the maximum fines which may be levied by the Recorder's Court from one hundred dollars ($100.00) to three hundred dollars ($300.00) for violations, and from fifty dollars ($50.00) to one hundred dollars ($100.00) for contempt. /s/ L. Clifford Adams, Jr., City Attorney P. O. Box 896 Elberton, Georgia 30635 Affidavit. Georgia, Elbert County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been

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published in The Elberton Star legal organ for Elbert County, the following dates, to-wit: April 8, 1977, April 15, 1977 and April 29, 1977. Sworn to on the 11th day of May, 1977. /s/ R. L. Williford Publisher Sworn to and subscribed to before me on the 11th day of May, 1977. /s/ Mary C. Taylor Notary Public Filed in office of Secretary of State May 13, 1977. CITY OF GAINESVILLECOMPENSATION OF COMMISSIONERS. To provide for an amendment to the Charter of the City of Gainesville so as to change the compensation of the Commissioners and the compensation of the Commissioner serving as Mayor; to provide an effective date; to repeal conflicting laws; and for other purposes as follows: Sec. 1. Amends Section 15, Ga. Laws No. 426, 1922, as amended. Sec. 2. Effective date. Sec. 3. Conflicting laws repealed. Be it ordained by the City Commissioner of the City of Gainesville, Georgia, pursuant to the Municipal Home Rule Law of 1965:

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Sec. 1. Amends Section 15, Ga. Laws No. 426, 1922, as amended. Section 15 of Law No. 426 set out in Ga. Laws 1922, pages 834, as amended, particularly by Ga. Law 224, 1971, page 2554-2555, so as to change the compensation of the Commissioners and the compensation of the Commissioner serving as Mayor, is hereby amended by striking from Section 15 the following: Four Commissioners of the City of Gainesville shall receive compensation for their services which shall not exceed the sum of $250.00 per month, and the Commissioner serving as Mayor shall receive compensation which shall not exceed the sum of $300.00 per month. and substituting in lieu thereof the following: Four Commissioners of the City of Gainesville shall receive compensation for their services which shall not exceed the sum of $400.00 per month, and the Commissioner serving as Mayor shall receive compensation which shall not exceed the sum of $500.00 per month. Sec. 2. Effective date. This Ordinance shall not be effective until after the 3rd day of January, 1978 which is after the taking of Office of those elected at the next regular municipal election. Sec. 3. Conflicting laws repealed. All laws and parts of laws in conflict with this Ordinance are hereby repealed. Passed May 3rd, 1977. First Publication 4-12-77 Second Publication 4-19-77 Third Publication 4-26-77 First Reading 4-19-77 Passed 5-3-77

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Notice of Amendment to Charter To The City of Gainesville. Ordinance Number HR 77-3 Notice is hereby given that the City Commission of the City of Gainesville will consider the passage of an amendment to the Laws for the City of Gainesville at the regularly scheduled Commission Meeting at City Hall on Tuesday, April 19th, 1977 at 9:00 o'clock A.M., and on Tuesday, the 3rd day of May, 1977 at 9:00 o'clock A.M. a synopsis of the proposed Ordinance which reads as follows: An Ordinance to provide for an Amendment to the Charter of the City of Gainesville so as to change the compensation of the Commissioners and the compensation of the Commissioner serving as Mayor; to provide an effective date; to repeal conflicting laws; and for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Hall County, Georgia and in the Office of the Clerk of the Gainesville City Commission for the purpose of examination and inspection by the public. CITY OF GAINESVILLE /s/ Henry S. Pinyan, Clerk Georgia, Hall County. Personally before the undersigned officer, authorized by law to administer oaths in and for said State and County, comes F. L. Hilton, representative of The Times, which is of general circulation in said County, who on oath states that there has been deposited with said newspaper the cost of publishing therein the foregoing notice once a week for three (3) weeks prior to May 3rd, 1977, and that said notice was published on the following dates: April 12, April 19, and April 26, 1977. /s/ F. L. Hilton

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Sworn to and subscribed before me, this 11th day of April, 1977. /s/ Juanita M. Payne Notary Public, Georgia at Large. (Seal) I, Henry S. Pinyan, do certify that a copy of the foregoing Amendment to the Charter of the City of Gainesville, a copy of notice of publication, and an Affidavit of the representative of The Times stating that notice has been published, has been filed with the Secretary of State for the State of Georgia and the Office of Clerk of Superior Court of Hall County, Georgia. I further certify that the notice was published for three (3) consecutive weeks within sixty (60) days prior to the final adoption of said Amendment, and that said Amendment was read and passed at two regular, consecutive City Commission meetings not less than seven (7) nor more than sixty (60) days apart. CITY OF GAINESVILLE /s/ Henry S. Pinyan, Clerk Sworn to and subscribed before me, this 5th day of May, 1977. /s/ Kathy Brewer Notary Public, Georgia at Large. Filed in Office of Secretary of State May 9, 1977. CITY OF GAINESVILLECIVIL SERVICE EMPLOYMENT. To provide for the amendment to the Charter of the City of Gainesville with respect to the age requirements of applicants to the Civil Service Board for Employment; to provide that the age of applicants to the Civil Service Board for Employment be not less than the age of 18; repealing conflicting ordinances and for other purposes as follows:

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Sec. 1. Amends Section 25, Ga. Law No. 94, 1949, as amended. Sec. 2. Conflicting laws repealed. Be it ordained by the City Commission of the City of Gainesville, Georgia pursuant to the Municipal Home Rule Law of 1965: Sec. 1. Amends Section 25, Ga. Law No. 94, 1949, as amended. Section 25 of Law No. 94 set out in Georgia Laws 1949, pages 362-373, inclusive, entitled: An Act to amend the Charter of the City of Gainesville and all Acts amendatory thereof: to provide for the establishment of a Civil Service Board and to designate the personnel thereof; to define the duties and authority of said board and the members thereof, to establish certain rules and regulations governing the employees of said city and the Civil Service Board; to provide the method and manner of employment, government and discharge of employees of said city and the manner of appeals from decisions of said Board, and for other purposes; and said Section 25 regarding general qualifications of applicants as amended by Law No. 275, Georgia Laws 1941, Section 2, pages 2824-2831; as amended by Section 2(f), Law No. 515, Georgia Laws 1960, page 2240-2250; and as amended by Section 1, Law No. 206 of the Georgia Laws 1961, pages 2561-2563; is hereby amended by striking Section 25 of the 1949 Civil Service Act as amended in Section 2(f) of the 1960 Civil Service Act as amended in its entirety which reads as follows: Section 2. (f). Establish examinations to be taken by applicants for employment in the various classifications in the classified service. The civil service board shall conduct said examination and nominate or recommend to the city manager for employment not more than three qualified applicants as a result of examinations held. Each applicant for employment must be between the ages of twenty-one and thirty-five years inclusive. and substituting in lieu thereof so that when Section 2(f) is amended, shall read as follows: Section 2(f). Establish examinations to be taken by applicants for employment in the various classifications in the classified service. The Civil Service Board shall conduct said examination and nominate or recommend to the City Manager for employment all

Page 4824

qualified applicants as a result of examinations held. Each applicant for employment must be not less than eighteen (18) years of age. Sec. 2. Conflicting laws repealed. All laws and parts of laws in conflict herewith are hereby repealed. Passed October 4th, 1977. First Publication 8-18-77 Second Publication 8-23-77 Third Publication 8-30-77 First Reading 9-6-77 Passed 10-4-77 I, Henry S. Pinyan, do certify that a copy of the foregoing Amendment to the Charter of the City of Gainesville, a copy of notice of publication, and an Affidavit of the representative of The times stating that notice has been published, has been filed with the Secretary of State for the State of Georgia and the Office of Clerk of Superior Court of Hall County, Georgia. I further certify that the notice was published for three (3) consecutive weeks within sixty (60) days prior to the final adoption of said Amendment, and that said Amendment was read and passed at two regular, consecutive City Commission meetings not less than seven (7) nor more than sixty (60) days apart. CITY OF GAINESVILLE /s/ Henry S. Pinyan Clerk Sworn to and subscribed before me, this 6th day of October, 1977. /s/ Kathy Brewer Notary Public, Georgia at Large. Notice of Amendment to Charter of the city of Gainesville. Ordinance Number HR 77-2. Notice is hereby given that the City Commission of the City of Gainesville will consider the passage of an amendment to the Laws

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for the City of Gainesville at the regularly scheduled Commission meeting at City Hall on Tuesday, the 6th day of September, 1977 at 9:00 o'clock A.M., and on Tuesday, the 20th day of September, 1977 at 9:00 o'clock A.M. a synopsis of the proposed Ordinance which reads as follows: An Ordinance to provide for the Amendment to the Charter of the City of Gainesville with respect to the age requirements of applicants to the Civil Service Board for employment; to provide that the age of applicants to the Civil Service Board for employment be not less than the age of 18; repealing conflicting Ordinances and for other purposes. A copy of the proposed Ordinance is on file in the Office of the Clerk of the Superior Court of Hall County, Georgia and in the Office of the Clerk of the Gainesville City Commission for the purpose of examination and inspection by the public. CITY OF GAINESVILLE /s/ Henry S. Pinyan Clerk Georgia, Hall County. Personally before the undersigned officer, authorized by law to administer oaths in and for said state and county, comes F. L. Hilton, representative of The Times, which is of general circulation in said County, who on oath states that there has been deposited with said newspaper the cost of publishing therein the foregoing notice once a week for three (3) weeks prior to September 6, 1977, and that said notice was published on the following dates: August 18, August 23, and August 30, 1977. /s/ F. L. Hilton Sworn to and subscribed before me, this 17th day of August, 1977. /s/ Betty B. Gee Notary Public, Georgia at Large. Filed in Office of Secretary of State October 11, 1977.

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CITY OF JESUPSALARY OF CITY MANAGER. An Ordinance to amend the Charter of the City of Jesup (Georgia Laws 1937-38, Ex. Sess., pp. 1142-1203) as amended (Georgia Laws 1968, pp. 2280, 2282) so as to provide that the Board of Commissioners shall set the salary of the City Manager annually payable in equal monthly installments from the funds of the City of Jesup; to repeal conflicting laws; and for other purposes. Be it ordained by the Board of Commissioners of the City of Jesup as follows: Section 1. Pursuant to the Constitution and Laws of Georgia, an Act incorporating and creating a New Charter for the City of Jesup in Wayne County, Georgia, approved December 16, 1973 (Georgia Laws 1937, Ex. Sess., pp. 1142-1203), as amended particularly by an Act approved February 28, 1966 (Georgia Laws 1966, pp. 2280, 2282), and codified as Section 211 of the Charter by ordinance adopted February 3, 1976, is hereby further amended by striking Section 211 of the Charter, as amended, in its entirety and inserting in lieu thereof the following: Section 211. Same Qualifications, compensation, removal. The City Manager shall be chosen by the Board of Commissioners solely upon the basis of his executive and administrative qualifications, with special reference to his actual experience in, or knowledge of, accepted practice in respect to the duties of his office as hereinafter set forth. The Board of Commissioners shall set the salary of the city manager annually payable in equal monthly installments from the funds of the City of Jesup. The city manager shall be subject to removal at any time without notice or statement or proof of cause. Section 2. All laws or parts of laws in conflict with this Act are hereby repealed. So ordained this 16th day of August, 1977. /s/ R. W. Woodruff Mayor /s/ Martha D. Burns Commissioner
Page 4827

/s/ J. Thomas Johnson, Jr. Commissioner /s/ James D. Nichols Commissioner /s/ W. H. NeSmith Commissioner Attest: /s/ Elaine Worley City Clerk Jesup, Wayne County, Georgia. Notice is hereby given pursuant to the Constitution and Laws of the State of Georgia, there will be introduced at regular meetings of the Board of Commissioners of the City of Jesup on July 19, 1977, and August 2, 1977, at 7:00 p.m., City Hall, Jesup, Georgia, an ordinance to amend the Charter for the City of Jesup (Georgia Laws 1937-38, Ex. Sess., pp. 1142-1203) as amended (Georgia Laws 1968, pp. 2280, 2282) so as to provide that the Board of Commissioners shall set the salary of the City Manager annually payable in equal monthly installments from the funds of the City of Jesup; to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the Office of the City Clerk, Jesup, Georgia, and the Office of the Clerk of Superior Court, Wayne County, Georgia, for the purpose of examination and inspection by the public. This 21st day of June, 1977. /s/ Elaine Worley City Clerk Georgia, Wayne County. Personally appeared before the undersigned attesting officer, duly authorized to administer oaths, W.H. Nesmith, Jr., who first being duly sworn, deposes and says that he is Publisher of The Press Sentinel, the official organ of Wayne County, Georgia, and that there

Page 4828

has been published in said newspaper on June 23, June 30, and July 7, 1977, the hereinbelow attached notice of the City of Jesup's intention to introduce an ordinance to amend the Charter of the City of Jesup so as to provide that the Board of Commissioners shall set the salary of the City Manager annually payable in equal monthly installments from the funds of the City of Jesup. /s/ W. H. Nesmith, Jr. Sworn to and subscribed before me, this 19th day of July, 1977. /s/ Robert B. Smith Notary Public, State of Georgia. Georgia, Wayne County. I, Elaine Worley, City Clerk for the City of Jesup, do hereby certify that the attached and foregoing are true and correct copies of an ordinance to amend the Charter of the City of Jesup, under the Home Rule Act of 1965, the Notice of Publication, and the Publisher's Affidavit, which was enacted into ordinance on August 16, 1977, and which is recorded in the City Hall, Jesup, Georgia. This 1st Day of November, 1977. /s/ Elaine Worley City Clerk for the City of Jesup Filed in Office of Secretary of State November 3, 1977. CITY OF COLLEGE PARKPENSION FOR DISABILITY. Ordinance. An Ordinance to amend the Charter of the City of College Park, Section 3-22 relating to Pension for Disability, to repeal conflicting ordinances, and for other purposes.

Page 4829

Be it ordained by the Mayor and Council of the City of College Park, and it is hereby ordained by the authority of the same that the Charter of the City of College Park is hereby amended as follows: 1. By striking Section 3-22 in its entirety and inserting in lieu thereof the following: Section 3-22 Pension for disability. Full pension (a) Any employee of said city who has been in the active service and on the payroll of said city for twenty-five (25) years or more, of which service five (5) years or more must have been immediately preceding the right to have benefits under this article and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to retire and to receive from the pension fund hereby created a disability pension equal in amount to the normal retirement pension to which such employee would otherwise be entitled. The disability pension provided by this section shall be allowed without regard to the age of the employee entitled thereto. Partial pension. (b) Any employee of said city who is not entitled to a pension as described in subsection (a) but who has been in the active service and on the payroll of said city for ten (10) years or more of which service five (5) years or moe must have been immediately preceding the right to have benefits under this article and whose health during said period of service becomes totally and permanently impaired by reason of injury, ill health, age or infirmity shall, as a matter of right, be entitled to retire and to receive from the pension fund hereby created for the period that such employee's health continues to be totally and permanently impaired, a disability pension in an amount proportionate to the total number of whole years of service to the city by such employees. The disability pension provided by this section shall be allowed without regard to the age of the employee entitled thereto. The amount of such disability pension shall be such proportionate part of the service pension allowed after twenty-five (25) years of service for an employee earning the same salary or wages that the number of whole years of service by such disabled employee

Page 4830

bears two twenty-five (25) years. To illustrate, the amount of a disability pension based on an average monthly salary or wage of one hundred seventy-five dollars ($175.00) after fifteen (15) years of service to the city would be 15/25th of one-half (1/2) of one hundred seventy-five dollars ($175.00) or the sum of fifty-two dollars and fifty cents ($52.50) per month. The amount of a disability pension based on an average monthly salary or wage of two hundred twenty-five dollars ($225.00) would after nineteen and one-half (19) years of service be 19/25th of one-half (1/2) of two hundred twenty-five dollars ($225.00) per month or the sum of eighty-five dollars and fifty cents ($85.50) per month. The amount of pension allowed for disability under this subsection shall never exceed the sum of One hundred dollars ($100.00) per month with respect to employees in the employ of the city prior to July 1, 1965, who retain their status in the pension plan of the city as said plan existed prior to the year 1965. (c) Under no circumstances shall any employee of said city be allowed to collect a disability pension and a normal retirement retirement pension. A copy of this proposed amendment to the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the Office of the Clerk of Council of the City of College Park and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the Charter of the City of College Park in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this ordinance prior to its final adoption by the Mayor and Council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the office of the Clerk or the recording officer of the municipal governing authority and the office of the clerk of the Superior Court of the County of Fulton for the purpose of examination and inspection by the public. All laws and parts of laws in conflict herewith are hereby repealed. Now therefore, be it and it is hereby ordained by the Mayor and

Page 4831

Council of the City of College Park that the Charter of the City of College Park be so amended. Adopted this 1st day of August, 1977. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ David A. Covington City Manager /s/ W. W. Leachman, II City Clerk Georgia, Fulton County. I, W. W. Leachman, II City Clerk, of College Park, Georgia, do certify that this is a true and correct copy of the original. Witness my hand and seal of said City. This 20th day of October, 1977. /s/ W. W. Leachman, II City Clerk of College Park Notice of Proposed Amendment to The Charter of The City of college Park. (Ga. L. 1895, p. 251, approved December 16, 1895). Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of College Park (Ga. L. 1895, pg. 251, approved December 16, 1896) so as to provide for a disability pension for employees who may be otherwise entitled to a pension; to repeal conflicting laws, and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of College Park, Georgia, and in the Office

Page 4832

of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 12th day of July, 1977. /s/ David A. Covington City Manager City of College Park Filed in Office of Secretary of State October 27, 1977. CITY OF COLLEGE PARKCONTINUANCE OF DISABILITY PENSION. Ordinance. An Ordinance to amend the Charter of the City of College Park, Section 3-23 (a) relating to continuance of Disability Pension, to repeal conflicting ordinance, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby ordained by the authority of the same that the Charter of the City of College Park is hereby amended as follows: 1. By striking Section 3-23 (a) in its entirety and inserting in lieu thereof the following: Section 3-23. Continuance of disability prerequisite to payments. (a) Investigation. That disability pension allowed to any city employee from any cause, that is either the service connected disability pension or the disability pension allowed after ten (10) years or more of service, except the disability pension allowed after twenty-five (25) years or more of service, shall be allowed and paid only during the continuance of such employee's total disability, except that such pension may be continued to the employee's qualified widow or qualified minor children in a reduced amount if the employee makes the additional contributions provided by section 4

Page 4833

(section 3-29) of this amendment [article]. If a question should arise at any time as to the continuance of total disability and the eligibility for that reason of the pensioner to continue to receive a pension, the pension board shall be authorized from time to time but not oftener than once each six (6) months to investigate and inquire into the physical condition of such pensioner and if it deems advisable to have such pensioner examined by a physician selected by the pension board for that purpose. An issue regarding continuance of disability and eligibility of the pensioner to receive a pension may be framed at the request of any member of the pension board or of any member of the Mayor and Council of said city. Thereupon, the pension board shall proceed after twenty (20) days' notice to the pensioner to fully investigate and inquire into the question of continuance of disability. A copy of this proposed amendment to the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) shall be filed in the Office of the Clerk of Council of the City of College Park and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, and a notice of this proposed amendment to the Charter of the City of College Park, in the form attached hereto as Exhibit A and by reference made a part thereof, shall be published once a week for three weeks in a newspaper of general circulation in the City of College Park and a copy of said advertisement shall be attached to this Ordinance prior to its final adoption by the Mayor and Council of the City of College Park. And, said advertisement shall state that a copy of the proposed amendment is on file in the Office of the clerk or the recording officer of the municipal governing authority and the office of the clerk of the Superior court of the County of Fulton for the purpose of examination and inspection by the public. All laws and parts of laws in conflict herewith are hereby repealed. Now therefore, be it and it is hereby ordained by the Mayor and Council of the City of College Park that the Charter of the City of College Park be so amended. Adopted this 1st day of August, 1977. Mayor and Council for the City of College Park. /s/ Ralph L. Presley

Page 4834

Attest: /s/ David A. Covington City Manager /s/ W. W. Leachman, II City Clerk Georgia, Fulton County. I, W. W. Leachman, II City Clerk, of College Park, Georgia, do certify that this is a true and correct copy of the original. Witness my hand and seal of said city this 20th day of October, 1977. /s/ W. W. Leachman, II City Clerk of College Park. Filed in Office of Secretary of State October 27, 1977. CITY OF COLLEGE PARKSALARIES OF MAYOR AND COUNCILMEN. Ordinance. An Ordinance to amend the Code of Ordinances of the City of College Park, Section 2-5 relating to salaries of Mayor and Councilmen, to repeal conflicting Ordinances, and for other purposes. Be it ordained by the Mayor and Council of the City of College Park, and it is hereby ordained by the authority of the same that the Code of Ordinances of the City of College Park is hereby amended as follows: 1. By striking Section 2-5 in its entirety and inserting in lieu thereof the following: Section 2.5. Salaries of Mayor and Councilmen. (a) The salary of the Mayor of the City of College Park shall be

Page 4835

four thousand eight hundred dollars ($4,800.00) per annum, payable monthly in equal installments; the salary of each Councilman shall be three thousand six hundred dollars ($3,600.00) per annum, payable monthly in equal installments. (b) Beginning with the month of January, 1979, and each January thereafter, the annual salaries of the Mayor and each Councilman shall increase whenever the statistics released by the United States Department of Labor, Bureau of Labor Statistics, indicate a percentage increase in the Consumer Price Index for the previous year. The salary increase shall be computed by the following formula: A=percentage increase of the Consumer Price Index for the previous year. B=previous year's salary to be increased. I=increase in salary. A [UNK] B=I (c) The salary of the Mayor shall not increase to an amount exceeding Seven thousand two hundred dollars ($7,200.00) per annum; the salary of each Councilman shall not increase to an amount exceeding four thousand eight hundred dollars ($4,800.00) per annum. (d) Pursuant to Ga. Code Ann. 69-1019 (Ga. Laws 1965, p. 298, 302 as amended 1975, p. 28) as now and hereafter amended, these salaries shall not go into effect until after the taking of office of those elected at the next regular municipal election. Until such time, the salaries shall remain as provided by the Charter of the City of College Park prior to amendment, such salaries being as follows: the Mayor to receive three thousand six hundred dollars ($3,600.00) per annum, payable monthly in equal installments; each councilman to receive two thousand four hundred dollars ($2,400.00) per annum, payable monthly in equal installments. All laws and parts of laws in conflict herewith are repealed. Now therefore, be it and it is hereby ordained by the Mayor and

Page 4836

Council of the City of College Park that the Code of Ordinance of the City of College Park be so amended. Adopted this 15th day of August, 1977. Mayor and Council for the City of College Park /s/ Ralph L. Presley Mayor Attest: /s/ W. W. Leachman, II City Clerk Georgia, Fulton County. I, W. W. Leachman, II City Clerk, of College Park, Georgia, do certify that this is a true and correct copy of the original. Witness my hand and seal of said City this 20th day of October, 1977. /s/ W. W. Leachman, II City Clerk of College Park, Georgia. Notice of Proposed Amendment to The Code of Ordinances of The City of College Park (GA. L. 1895, p. 251, approved December 16, 1895) Notice is hereby given that an Ordinance has been introduced to amend the Code of Ordinances of the City of College Park (Ga. L. 1895, pg. 251, approved December 16, 1895) so as to increase the compensation of the Mayor and Council members as provided by Ga. Laws 1965, p. 298 as amended (Ga. Code Ann. 69-1019); to repeal conflicting laws, and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of College Park, Georgia, and in the office

Page 4837

of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 12th day of July, 1977. /s/ David A. Covington City Manager City of College Park Exhibit A Georgia, Cobb County. Before me the undersigned, a Notary Public, this day came Otis A. Brumby, Jr., personally known to me who being first duly sworn according to law, says that he is publisher of Times-Journal, Inc. Publisher of The Marietta Daily Journal, the official newspaper of which Sheriff's advertisements in and for said County are published and a newspaper of general circulation with its principal place of business in said county, and that there has been deposited with said newspaper the cost of publishing four insertions of application for Charter of Notice of Proposed Amendment to The Charter of The City of College Park appeared in said paper on July 14, 21, 28, 1977 as per attached copy, once a week for four successive weeks with the order of the Judge of Cobb Superior Court there. /s/ Otis A. Brumby, Jr. Sworn to and subscribed before me, this day of August, 1977. /s/ Thelma Kemp Richards Notary Public, Georgia State at Large. My Commission expires Oct. 18, 1979.

Page 4838

Notice of Proposed Amendment to The Code of Ordinances of The City of College Park. (Ga. L. 1895, p. 251, approved December 16, 1895) Notice is hereby given that an Ordinance has been introduced to amend the Code of Ordinances of the City of College Park (Ga. L. 1895, pg. 251, approved December 16, 1895) so as to increase the compensation of the Mayor and Council members as provided by Ga. Laws 1965, p. 298 as amended (Ga. Code Ann. 69-1019); to repeal conflicting laws, and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of College Park, Georgia, and in the office of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 12th day of July, 1977. /s/ David A. Covington City Manager City of College Park Notice of Proposed Amendment to The Charter of The City of College Park. (Ga. L. 1895, p. 251, approved December 16, 1895) Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of College Park (Ga. L. 1895 pg. 251, approved December 16, 1895) so as to provide for a disability pension for employees who may be otherwise entitled to a pension; to repeal conflicting laws, and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of Council of the City of College Park, Georgia, and in the Office

Page 4839

of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 12th day of July, 1977. /s/ David A. Covington City Manager City of College Park Notice of Proposed Amendment to The Charter of The City of College Park. (GA. L. 1895, pg. 251, approved December 16, 1895) Notice is hereby given that an Ordinance has been introduced to amend the Charter of the City of College Park (Ga. L. 1895, p. 251, approved December 16, 1895) so as to provide that the amount of compensation for the Mayor and City Councilmen shall be determined by the Mayor and City Council as provided by Ga. Law 1965, p. 298, as amended (Ga. Code Ann. 69-1019); to repeal conflicting laws; and for other purposes. A copy of the proposed amendment is on file in the Office of the City Clerk of Council of the City of College Park, Georgia, and in the Office of the Clerk of the Superior Court of Fulton County, Georgia, for purposes of examination and inspection by the public. This the 12th day of July, 1977. /s/ David A. Covington City Manager City of College Park CITY OF MACONRETIREMENT OF FIRE AND POLICE DEPARTMENT EMPLOYEES. An Ordinance of the City of Macon adopted under and by virtue of the authority granted the City under The Municipal Home Rule Act of 1965, as amended (Ga. Laws 1965, p. 298 et. seq., as amended)

Page 4840

Section 69-1017 et seq., Georgia Code 1933 Ann., as amended) to amend the Charter of the City of Macon as the same may have heretofore been amended so as to provide for the re-entry into the Macon Fire Police Department employees retirement system by an employee who previously had been under said system but whose employment with the city had been terminated; by amending that portion of the Charter of the City of Macon set forth in 1969 Ga. Laws, p. 2801, Section 70 A, Article V, so as to define past service which will receive credit for retirement system purposes; to provide an effective date; to repeal conflicting provisions; and for other purposes. Be it ordained by 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. Laws 1965, p. 298, et seq., As Amended) (Section 69-1017, et seq., Ga. Code 1933, As Amended) the Charter of the City of Macon as amended by the Act of 1969, p. 2801 et seq., is hereby further amended so as to add to Section 70 A, Article V a new Subsection (4) (Section 3.24 of City of Macon Revised Code) to read as follows: (4) Between the dates of January 1, 1977 and December 31, 1977, should a former employee who previously had particiapted in this System be re-employed, he may recoup credit for his past service under the System by applying and paying into the System the amount which the System had refunded to such employee upon his prior termination plus any administrative costs all as determined by the Board. The Board shall be furnished with a copy of the result of a physical examination taken by said employee. Said Board shall notify applicant of the sum required to be paid into the fund and the method of payment and re-admit said employee to said System with piror service credit in said System upon payment of said sum. This amendment shall be effective upon adoption by Council and approval by the Mayor. All Charter provisions and ordinances heretofore enacted in conflict herewith are hereby repealed. Adopted this 28th day of December, 1976. /s/ Eugene Dunwoody President

Page 4841

Approved this 30th day of December, 1976. Submitted to Mayor's Office 12-5-76. /s/ Buckner F. Melton 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 12-28-76. Witness my hand and seal of the City of Macon 30th of December, 1976. /s/ James E. Hunnicutt Clerk of Council Adopted this 4th day of January, 1977. /s/ Eugene Dunwoody President Approved this 5th day of January, 1977. /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 Jan. 4, 1977. Witness my hand and seal of the City of Macon this Jan. 5, 1977. /s/ James E. Hunnicutt Clerk of Council
Page 4842

City of Macon P. O. Box 247 Georgia 31202 January 6, 1977 I, James E. Hunnicutt, City Clerk, do hereby certify that the attached is a true and correct copy of ordinance #0-76-59 on file in the City Clerk's Office. /s/ James E. Hunnicutt City Clerk Ordinance of the City of Macon providing for the re-entry into the Macon Fire and Police Department Employees Retirement System by an employee who previously had been under said system but whose employment with the city had been terminated, and for other purposes. Read first time 11-23-76 and referred to the Committee on Employee Development and Compensation. Report Rendered 11-30-76 reft'd back to committee 11-4-77 adopted. Copies to: City Attorney CAO Judge, M.C. Mayor Chief of Police Public Research

Page 4843

Notice of Proposed Amendment to the Charter of the 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 by amending Section 70A of said Charter so as to provide a method whereby former employees who have previously participated in the Macon Fire and Police Department Employees Retirement System, but has terminated his participation, may re-enter said system upon his re-employment at anytime during the calendar year 1977, and thereby receive credit for his past service under the system by paying into the system the amount which the system has refunded to such employee upon his prior termination plus any additional cost as determined by the said Systems Board; 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 the Office of the Clerk of the City of Macon and the Office of the Clerk of Bibb Superior Court for the purpose of examination and inspection by any member of the public and the Clerk of the City of Macon is to furnish anyone upon written request a copy of the proposed amendment. /s/ Andrew W. McKenna City Attorney 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: 12/10, 12/17, 12/24. /s/ Gail Brafford Sworn to and subscribed before me, this 24th day of December, 1977. /s/ Peter S. Bikus Notary Public, Bibb County, Georgia. My Commission expires March 4, 1979. Filed in Office of Secretary of State January 10, 1977.

Page 4844

CITY OF MACON CHARTER. An Ordinance of the City of Macon adopted under and by virtue of the authority granted the city under the Municipal Home Rule Act of 1965 (Georgia Laws 1965 et. seq., as amended) Section 69-1017 et. seq., Georgia Code 1933, annotated as amended, 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 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 charter provisions and ordinances, and for other purposes. Be it enacted by the City of Macon as follows: 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 (hereafter 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,

Page 4845

and all implied powers necessary to carry into execution all powers granted as fully and completely as if these powers were fully enumerated 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.

Page 4846

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 the need for approval

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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 cintinuing 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 a council contempt conviction is allowed as for any conviction in the municipal court.

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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 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).

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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 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.

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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 thereof 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 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.

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(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 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

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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 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.

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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: (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.

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(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 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

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Code, Title 34A of the Code of Georgia (Ga. Laws 1968, p. 885), as now or hereafter amended, and under the supervision and control of the Macon-Bibb County Board of Election as established by an Act of the General Assembly of Georgia (Ga. Laws 1969, p. 333), as now or hereafter amended. 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

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the official map and description to reflect lawful adjustments in the districts. (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 reasonable 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 disabled, forfeits the office or is recalled as provided by this charter.

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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. 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

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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; (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

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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 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.

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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, 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. Laws 1969, p. 2801, Sections 1 and 2), as amended by an Act approved April 3, 1972 (Ga. Laws 1972, p. 3821), with any amendments thereto as now or hereafter

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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. Laws 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. Laws 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. Section 5-503. Prohibited activities. (a) All City employees may exercise their constitutional right of freedom of association, including but not limited to civic, social and fraternal organizations, however, no city employee shall become or remain a member of any organization which holds, claims or exercises its right to demand of any of the members obedience to an order to strike, or engage in a work stoppage or slow down for any cause. If any city employee violates any provision of this subsection, such person may be subject to termination. (a) (b) If any City employee participates in any strike, work stoppage or slow down, such person shall be automatically discharged. CHAPTER 6 Regulation of Conduct Section 5-601. Declaration of policy. Elected and appointed officers

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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 parson is engaged or is a member of without proper legal authorization or use that information to advance 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

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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. 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 viodable 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 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

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(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. 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.

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(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 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 callings 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

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(Ga. Laws 1964, p. 122), as now or hereafter amended, and on fire and casualty insurance companies in the manner provided by an Act of the General Assembly, approved April 12, 1968 (Ga. Laws 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 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

Page 4868

the assignment or transfer of executions 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 powerto 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 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.

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(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 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

Page 4870

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 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,

Page 4871

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 contacts; 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. 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

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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 7-101. 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 or remove 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. (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.

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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 insurance of summons, subpoena and warrants which may be served and executed by any officer as authorized by ordinance or by general State law. (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.

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(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. (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.

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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 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

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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 several 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 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 Georgia Laws 1975, pp. 4841 et seq., and the provisions of an Act of the General Assembly, approved March 22, 1974 (Ga. Laws 1974, p. 3129); the provisions of Section 57 of an Act of the General Assembly, approved August 27, 1872 (Ga. Laws 1872, p. 239); and the provision of Section 2 of an Act of the General Assembly, approved January 7, 1971 (Ga. Laws 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

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(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 uniform building line, no encroachment granted hereunder shall extend beyond adjacent or previously granted 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 encroachments 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, contiguous 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,

Page 4878

grant or deny it. Should the council grant the petition, the grant shall be 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 systems, 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. Adopted this 22nd day of March, 1977. /s/ Eugene Dunwoody President; City Council Approved this 29th day of March, 1977. /s/ Buckner F. Melton Mayor Adopted this 29th day of March, 1977. /s/ Eugene Dunwoody President; City Council Approved this 29th day of March, 1977. /s/ Buckner F. Melton Mayor I do hereby certify that the above and forgoing ordinance was duly passed at the regular meeting of the Council of the City of Macon this 3-22-77. Witness my hand and seal of the City of Macon this March 24, 1977. /s/ James E. Hunnicutt Clerk of Council.
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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 3-29-77. Witness my hand and seal of the City of Macon, this March 23, 1977. /s/ James E. Hunnicutt Clerk of Council. The committee amendment to the charter ordinance of the city of Macon was approved by council with the following changes: Section 5-503 was amended to read as follows: Section 5-503 (a) If any city employee participates in any strike, work stoppage or slow down, such person shall be automatically discharged. All other parts of Section 5-503 in the Committee Amendment and Charter Ordinance were deleted by vote of Council. Adopted this 22nd day of March, 1977. /s/ Eugene Dunwoody President of Council Approved this 29th day of March, 1977. /s/ Buckner F. Melton Mayor Adopted this 29th day of March, 1977. /s/ Eugene Dunwoody President of Council Approved this 29th day of March, 1977. /s/ Buckner F. Melton Mayor
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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 3-22-77. Witness my hand and seal of the City of Macon this 3-24-77. /s/ James E. Hunnicutt Clerk of Council 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 the present charter of the City of Macon and to substitute in lieu thereof a new Charter of the City of Macon so as 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 laws and clauses of laws in conflict with said Act, and for other purposes. A copy of the proposed amendment is on file in the Office of the Clerk of the City of Macon in the Office of the Clerk of the Bibb Superior Court for the purposes of examination and inspection by any member of the public and the Clerk of the City of Macon shall

Page 4881

furnish anyone upon written request a copy of the proposed amendment. This 14th day of January, 1977. /s/ 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:1/14,21,28. /s/ Gail Brafford Sworn to and subscribed before me, this 31st day of January, 1977. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 4, 1979. Filed in Office of Secretary of State April 4, 1977. CITY OF MACONEMPLOYEE STRIKES, ETC. An ordinance of the Mayor and Council of the City of Macon adopted under and by virtue of the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (Georgia Laws 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 5-503 of the charter of the City of Macon so as to

Page 4882

designate subsection (a) of said section as subsection (b) of the same section. Newly redesignated subsection (b) provides if any City Employee Participates in any strike, work stoppage, or slowdown, or otherwise violates the provisions of said subsection, such persons shall be automatically discharged from employment with the City; and to further amend said section by adding thereto a new subsection (a) to provide that no City employee shall become or remain a member of any organization which exercises the right to demand of its members obedience to an order to strike, or engage in a work stoppage or work slowdown for any cause, and to provide further that if any City Employee violates the provisions of subsection (a), such persons may be subject to discharge from employment with the City; 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 (Georgia Laws 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 is hereby amended so as to amend Section 5-503 of the Charter of the City of Macon so as to designate Subsection (a) of said Section as Subsection (b) of the same Section. Newly redesignated Subsection (b) provides if any City employee participates in any strike, work stoppage, or slowdown, or otherwise violates the provisions of said Subsection such persons shall be automatically discharged from employment with the City; and to further amend said Section by adding thereto a new Subsection (a) to provide that no City employee shall become or remain a member of any organization which exercises the right to demand of its members obedience to an order to strike, or engage in a work stoppage or work slowdown for any cause, and to provide further that if any City employee violates the provisions of Subsection (a), such persons may be subject to discharge from employment with the City; to repeal conflicting provisions; and for other purposes. Section 1. Section 5-503 is amended to read as follows: Prohibited Activities (a) All City employees may exercise their constitutional right of freedom of association, including but not limited to civic, social and

Page 4883

fraternal organizations; however, no City employee shall become or remain a member of any organization which exercises its 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. If any City employee violates any prision of this subsection, such person may be subject to discharge from employment with the City. (b) If any City employee participates in any strike, work stoppage or slowdown, such person shall be automatically discharged. Section 2. All Charter provisions or ordinances of the City of Macon in conflict herewith are hereby repealed. Adopted this 7th day of June, 1977. /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 June 7, 1977. Witness my hand and seal of the City of Macon. This June 8, 1977. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office June 8, 1977. Approved this 10th day of June, 1977. /s/ Buckner F. Melton Mayor

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Approved this 14th day of June, 1977. /s/ Eugene Dunwoody President, City Council City of Macon, Ga. I do hereby certify that the above and foregoing ordinance has duly passed at the regular meeting of the Council of the City of Macon. Held June 14, 1977. Witness my hand and seal of the City of Macon this June 15, 1977. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office June 15, 1977. Approved this 20th day of June, 1977. /s/ Buckner F. Melton Mayor 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 Section 5-503 of the Charter of the City of Macon so as to designate Subsection (a) of said Section as Subsection (b) of the same Section. Newly redesignated Subsection (b) provides if any City employee participates in any strike, work stoppage, or slowdown, or otherwise violates the provisions of said Subsection, such persons shall be automatically discharged from employment with the City; and to further amend said Section by adding thereto a new Subsection (a) to provide that no City employee shall become or remain a member of any organization which exercises the right to demand of its members obedience to an order to strike, or engage in a work stoppage or work slowdown for any cause, and to provide further

Page 4885

that if any City employee violates the provisions of Subsection (a), such persons may be subject to discharge from employment with the City; to repeal conflicting provisions; and for other purposes. A copy of the proposed amendment is on file with the Clerk of Bibb Superior Court, Bibb County Courthouse, and the City Clerk of Macon, City Hall, for inspection by the public. The Clerk of the City of Macon will provide a copy of the proposed amendment to any person upon written request. /s/ Andrew W. McKenna City Attorney Georgia, Bibb County. Personally appeared before me, a notary public within and for above State of 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: April 8, 15, 22, 1977. /s/ Gail Brafford Sworn to and subscribed before me, this 24th day of June, 1977. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 4, 1979. Filed in Office of Secretary of State June 27, 1977. CITY OF MACONCIVIL SERVICE SYSTEM. An Ordinance of the Mayor and Council of the City of Macon adopted under and by virtue of the authority granted the City of Macon under the Municipal Home Rule Act of 1965 (Georgia Laws 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 procedure to be followed by the Civil Service

Page 4886

System of the City of Macon; 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 (Georgia Laws 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 is hereby amended so as to amend Section 5-501 to provide a more definite procedure to be followed by the Civil Service System of the City of Macon; to repeal conflicting provisions; and for other purposes. Section 1. Section 5-501 is amended to read as follows: Civil Service and Personnel Management System. (a) The Council shall establish by ordinance a system of Civil Service for sworn employees of the Police and Fire Departments which shall provide for the establishment of a Civil Service Board to orally interview and pass upon the qualifications of applicants and promotional candidates. To provide for requirements for selections, training, promotion, physical condition and appeal procedures and other 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 personnel management system based on merit principles that meet the social, economic, and program needs of the people of the City of Macon. This system shall provide means to recruit, select, train, develop and maintain an effective and responsive work force, and shall include policies and guidelines for employing, hiring and advancement, training and career development, job classification, discharge, code of conduct, fringe benefits and other related activities. All appointments and promotions in the City of Macon shall be made without regard to sex, race, religion, national origin, or political affiliation and shall be based on merit and fitness.

Page 4887

Section 2. All Charter provisions and ordinances of the City of Macon in conflict with the provisions of this ordinance are hereby repealed. Adopted this 7th day of June, 1977. /s/ Eugene Dunwoody President; City Council City of Macon, Georgia. 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 June 7, 1977. Witness my hand and seal of the City of Macon this June 8, 1977. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office June 8, 1977. Approved this 10th day of June, 1977. /s/ Buckner F. Melton Mayor Adopted this 14th day of June, 1977. /s/ Eugene Dunwoody President; City Council

Page 4888

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 June 14, 1977. Witnesses my hand and seal of the City of Macon this June 15, 1977. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office June 15, 1977. Approved this 20th day of June, 1977. /s/ Buckner F. Melton Mayor 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 Section 5-501 of the Charter of the City of Macon to provide for a more definite procedure to be followed by the Civil Service System of the City of Macon; to repeal conflicting provisions; and for other purposes. A copy of the proposed amendment is on file with the Clerk of Bibb Superior Court, Bibb County Courthouse, and the City Clerk of Macon, City Hall, for inspection by the public. The Clerk of the City of Macon will provide a copy of the proposed amendment to any person upon written request. /s/ Andrew W. McKenna City Attorney 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

Page 4889

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: April 8, 15, 22, 1977. /s/ Gail Brafford Sworn to and subscribed before me, this 22nd day of April, 1977. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. Filed in office of Secretary of State June 27, 1977. CITY OF MACONREMOVAL OF JUDGES. An ordinance of the Mayor and Council of the City of Macon adopted under and by virtue of the authority granted the city of Macon under the Municipal Home Rule Act of 1965 (Georgia Laws 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 subsection (e) of Section 7-102, which provides for the removal of a municipal court judge by a vote of ten council members; 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 (Georgia Laws 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 is hereby amended so as to repeal in its entirety Subsection (e) of Section 7-102, which provides that 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,

Page 4890

unbecoming that station, to be judged by the council. A vote of ten council members shall be necessary for conviction and removal. Adopted this 7th day of June, 1977. /s/ Eugene Dunwoody President; City Council City of Macon, Ga. I do hereby certify that the above and foregoing resolution was duly passed at the regular meeting of the Council of the City of Macon held June 7, 1977. Witness my hand and seal of the City of Macon this June 8, 1977. /s/ James E. Hunnicutt Clerk of Council Submitted to Mayor's office June 8, 1977. Approved this 14th day of June, 1977. /s/ Buckner F. Melton Mayor Adopted this 14th day of June, 1977. /s/ Eugene Dunwoody President; City Council Approved this 20th day of June, 1977. /s/ Buckner F. Milton Mayor City of Macon, Ga. I do hereby certify that the above and foregoing ordinance was duly

Page 4891

passed at the regular meeting of the Council of the City of Macon held June 14, 1977. Witness my hand and seal of the City of Macon this June 15, 1977. /s/ James E. Hunnicutt Clerk of Council 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 by deleting in its entirely Section 7-102(e) which provides that 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. A copy of the proposed amendment is on file with the Clerk of Bibb Superior Court, Bibb County Courthouse, and the City Clerk of Macon, City Hall for inspection by the public. The Clerk of the City of Macon will provide a copy of the proposed amendment to any person requesting said amendment. /s/ Andrew W. McKenna, City Attorney 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: April 8, 15, 22, 1977. /s/ Gail Brafford

Page 4892

Sworn to and subscribed before me, this 22nd day of April, 1977. /s/ Peter A. Bikus Notary Public, Bibb County, Georgia. My Commission Expires March 4, 1979. Filed in office of Secretary of State June 27, 1977. CITY OF MORROWCITY MANAGER. Resolution 76-21 State of Georgia, County of Clayton City of Morrow. Whereas, a certain classified position has heretofore been filled by the City Manager; Now therefore, be it resolved by the Mayor and Council of the City of Morrow, that: Section I. The position of City Manager is hereby removed from the classified service of the City of Morrow. Section II. Said position of City Manager shall be appointed by the Mayor and Council and shall serve at their pleasure. Section III. The effective date of this change shall be the date of this Resolution. Section IV. Resolution 76-6 is hereby repealed and rescinded. Adopted this 9th day of November, 1976. /s/ Louis W. Hisel Mayor

Page 4893

Attest: /s/ Mary L. Hendrickson City Clerk Filed in office of Secretary of State March 18, 1977. CITY OF MORROWELECTIONS. Resolution 76-22 Whereas, the City of Morrow is striving for stability in municipal government; and, Whereas, the City elections are now held at a time, early October, which provides for a ninety day transition period for incoming and outgoing officials; and, Whereas, the extended transition period minimizes program approval of fiscal operations extending into the next term of office; and, Whereas, the reduction of the length of the transition period would enhance productivity of incumbents for a greater percentage of their tenure in office. Now therefore be it resolved by the Mayor and Council of the City of Morrow that the election date for City Officials be the third Saturday in November, commencing with the City election in 1977. Now therefore be it further resolved by the Mayor and Council to appeal to the Clayton County Delegation by this Resolution to effect this change through the General Assembly in the best interest of the City of Morrow. /s/ Louis W. Hisel, Mayor /s/ Tom Young, Mayor Pro-Tem /s/ Don Brock, Councilman /s/ Jack Hathaway, Councilman /s/ Michael G. Mixon, Councilman

Page 4894

Attest: /s/ Mary L. Hendrickson City Clerk Affdavit 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 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. /s/ James H. Millirons City Manager Morrow, Georgia Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Helen W. Jenkins Notary Public. Filed in office of Secretary of State March 18, 1977.

Page 4895

CITY OF MORROWCITY MANAGER. An ordinance of the Mayor and Council of the City of Morrow, Georgia to implement Article III, Section 3.0 of the charter of the City of Morrow: and to repeal ordinance 76-12. Whereas, the problems inherent in the operation of city government are becoming more complex each day; and Whereas, the need for continuing administrative efficiency and control in our city is very obvious; and Whereas, stability in government affairs is nurtured by full time professional management; and Whereas, other progressive cities have established permanent city manager positions in order to provide the professional planning in solving the ever increasing personnel, administrative, and fiscal problems; Now therefore, be it ordained by the Mayor and Council and it is hereby ordained by the authority of the same; Section I. General. There is hereby created a position of City Manager of the City of Morrow. Section II. Responsibility. The City Manager shall devote his time and attention to the affairs of the City and shall be responsible to the Mayor and Council for the efficient administration of all the affairs of the City over which he has jurisdiction. Section III. Powers, Duties. Subject to the control, direction and supervision of the Mayor and Council, the City Manager shall have power and it shall be his duty; (A) To see that all laws and ordinances and the provisions of the City Charter are enforced.

Page 4896

(B) To see that the business and affairs of the City are efficiently organized and handled. (C) To exercise administrative control over all regular departments and divisions of the City of Morrow provided that the City Manager shall not have or exercise any control over the planning and zoning commission, or other special board, commission, committee, authority or body set up under any general law or any ordinance of the Mayor and Council. (D) The City Manager shall be appointed Personnel Director and he shall be guided in his actions by the City of Morrow Personnel Management system. Nothing herein shall prevent the Mayor and Council from creating, abolishing, consolidating, altering or modifying departments. (E) To attend the meetings of the Mayor and Council, with the right to take part in all discussions, but have no vote. (F) To recommend to the Mayor and Council for adoption such measures as he may deem necessary or expedient. (G) To prepare and submit to the Mayor and Council an annual budget. (H) To keep the Mayor and Council fully advised as to the financial condition and needs of the City. (I) To make and execute all lawful contracts on behalf of the City of Morrow as to matters within his jurisdiction, except such as may be otherwise provided by law or by Ordinance or Resolution of the Mayor and Council: provided that no contract, purchase or obligation involving more that twenty-five hundred dollars ($2,500.00) shall be valid or binding until approved by the Mayor and Council. (J) To submit to the Mayor and Council such reports as he may deem necessary or as may be required of him by the Mayor and Council. (K) To perform such other lawful duties as may be required by Ordinance or Resolution of the Mayor and Council.

Page 4897

(L) To give bond in the penal sum fixed by the Mayor and Council, not less than twenty thousand dollars ($20,000.00), payable to the City of Morrow and its successors and assigns, for the benefits of the said City of Morrow and for the use and benefit of the public to secure and indemnify the City of Morrow and each and all of the public, by reason of his corruption, malfeasance and/or nonfeasance in the performance of his duties. The premium of such bond shall be paid by the City of Morrow. Section IV. Term of Office. The City Manager, as employed from time to time, shall serve at the pleasure of the governing body and subject to the provisions of the City Charter which provide for a City Manager. Section V. Separability and Conflict. If any section, subsection, sentence, clause, phrase or a portion of this Ordinance shall be declared invalid or judges, City Attorney, and City Manager appointed by the City Council. Approved and adopted this 9th day of November, 1976. /s/ Louis W. Hisel, Mayor /s/ Tom Young, Mayor Pro-Tem /s/ Don Brock, Councilman /s/ Jack Hathaway, Councilman /s/ Michael G. Mixon, Councilman Attest: /s/ Mary L. Hendrickson City Clerk First Reading: 26th day of October, 1976. Second Reading: 9th day of November, 1976.

Page 4898

Notice of Intent to Amend the Charter of the City of Morrow Morrow, Georgia. State of Georgia, County of Clayton. Morrow, Georgia. Notice is hereby given that the Mayor and Council of the City of Morrow will amend Article IV, Section 4.02 A(2) of the Charter of the City of Morrow, Georgia under the Home Rule Act of 1965. The purpose of this amendment is to add certain sections to the article. A copy of the proposed amendment is on file in the City Hall and in the Office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. The final reading of this amendment will be held at the Regular Meeting of the Mayor and Council to be held on November 9, 1976. /s/ Louis W. Hisel, Mayor Affidavit of Publication. Georgia, Clayton County. Personally appeared before the undersigned Mrs. Bobbie Gay who on oath says that she is Legal Advertising Manager of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: October 28, 1976. /s/ Mrs. Bobbie Gay Sworn to and subscribed before me, 1st day of April, 1977. /s/ Eleanor G. Swinn Notary Public, Georgia, State at Large. My Commission Expires April 4, 1978. Filed in office of Secretary of State March 18, 1977.

Page 4899

CITY OF MORROWTAX ASSESSMENTS. An Ordinance the Mayor and Council of the City of Morrow, Georgia, to amend Article V, Section 5.09, of the Charter of the City of Morrow, as to the date that property taxes are due. Be it ordained by the Mayor and Council of the City of Morrow, Georgia, and by authority of same that the second paragraph of Article V, Section 5.09, of the Charter of the City of Morrow, which provides, in part, as follows: Any assessment made by the assessing authority, as designated by the Mayor and Council, unless otherwise provided by this Charter, shall be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be provided by State law. Taxes shall be due and payable on September 30 of each year.... Is hereby amended so that Article V, Section 5.09, as amended, will provide, in part: The deadline by which taxes are due and payable shall coincide with the approved date established by the Clayton County Board of Commissioners for Clayton County, but, in any case, no later than November 20 of each year. This Charter change shall become effective with property taxes due and payable in 1977. Ordinance 76-27 is hereby specifically repealed. Approved and adopted this 22nd day of February, 1977. /s/ Michael G. Mixon Mayor Pro-Tem, Presiding /s/ Louis W. Hisel, Mayor

Page 4900

First Reading: 8th day of February, 1977. Second Reading: 22nd day of February, 1977. Attest: /s/ Mary L. Hendrickson City Clerk 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 Legal. City of Morrow Proposes to Amend its Charter in the following manner: Second paragraph of Article 5, section 5.09 of the charter of the City of Morrow which provides in part as follows... any assessment made by the assessing authority as designated by the mayor and council unless otherwise provided by this charter shall be subject to arbitration. The arbitration procedure for determining the correctness or validity of any assessment, shall be provided by state law. Taxes shall be due and payable on Sept. 30 of each year, shall be amended so that article 5, section 5.09 as amended will provided in part... any assessment made by the assessing authority as designated by the mayor and council unless otherwise provided by this charter shall be subject to arbitration. The arbitration procedures for determining the correctness or validity of any assessment shall be provided by state law. The deadline by which taxes are due and payable shall coincide with the approved date established by the Clayton County board of commissioners for Clayton county, but, in any case, no later than Nov. 20 of each year. This charter change shall become affective with property taxes due and payable in 1977.

Page 4901

Sworn to and subscribed before me, this 15th day of February, 1977. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. Filed in office of Secretary of State March 18, 1977. CITY OF MOUNTAIN VIEWRECORDER'S COURT. An Ordinance. To amend the charter of the City of Mountain View, as amended, so as to provide for the election of the Judge of the Recorder's Court, City Marshal and City Clerk by the Mayor and Council for four (4) year terms of office; to provide for their removal from office for cause; to provide for the Mayor and Council to fix their compensation; to provide additional duties for the Judge: to provide for continuous employment for all city employees; to provide for a hearing prior to discharge; to provide for the duties of the Marshal or Chief of Police; to repeal conflicting laws; to provide an effective date; and for other purposes. Be it ordained by the mayor and council of the City of Mountain View, and it is so ordained by the authority thereof, pursuant to the authority vested in the mayor and council, as governing authority of the City of Mountain View by Georgia Code, Title 69-1017 (a) and (b) 1, (Acts 1965, pp. 298, 299), known as the Home Rule Bill, to amend its charter, said charter is hereby amended as follows: Section 1. An Act of the General Assembly creating and incorporating the City of Mountain View, approved February 23, 1956, and which Act is set out in Georgia Laws 1956, pages 2518 through 2525, as amended by an Act of the General Assembly as set out in Georgia Laws 1969, beginning on page 3636, and other Acts amendatory thereof, is hereby amended by striking section 9 in its entirety and inserting in lieu thereof a new section 9, to read as follows:

Page 4902

Section 9. There is hereby established and created for the City of Mountain View a recorder's court which shall be presided over by a judge elected by the mayor and council. The judge shall be at least thirty (30) years of age and shall have been a citizen of the United States and of the State of Georgia for ten (10) years prior to his election, shall have practiced law at least three (3) years and shall meet such other qualifications as the mayor and council of the City of Mountain View may prescribe. The judge of said court shall have the right to designate the dates and times for holding such court. The mayor and council shall set the compensation for such judge and the manner of paying the same out of the general funds of the city. The judge shall serve during the term for which he has been elected, and may not be removed during such term except by a vote of at least four (4) of the (5) members of the entire governing authority of the City of Mountain View for cause and upon notice and an opportunity to be heard. Before entering upon the duties of his office, the judge shall take and subscribe an oath before some officer authorized to administer it, to faithfully discharge the duties of his office. In the absence of the judge, or in the event the judge is unable to act or serve, then the mayor of the city shall act as judge. It shall be the duty of the judge to hear and try all of those charged with violating the ordinances and laws of said city, and upon conviction he may impose a fine not to exceed $150.00, or in default of payment of said fine, by labor on the streets of said city not to exceed thirty (30) days, or confinement in the common jail not to exceed thirty (30) days, or by fine not to exceed $150.00 and confinement not to exceed thirty (30) days. The judge, and the mayor when so acting shall be to all intents and purposes, a justice of the peace, so far as to enable him to issue warrants for municipal or state offenses committed within the corporate limits of the said city, which warrants shall be executed by the chief of police or any policeman of said city and commit offenders to the jail or admit them to bail. It shall be the duty of the jailor of said city to receive all such prisoners so committed and to safely keep some until discharged by due course of law. The term of office of the judge shall commence January 1, 1978, and he shall be elected by a majority vote of the mayor and council at its regularly scheduled meeting in November prior to the commencement of his term of office, and shall serve for four years and until his successor shall have been elected and qualified. Successive terms of office shall be filled for like terms and in like manner. The compensation for the judge may not be diminished during the term of his office. It shall be the further duty of the judge, when requested, to render official advisory

Page 4903

opinions to the governing authority on matters of law, to prepare, present and draft proposed ordinances and resolutions, attend all meetings of the mayor and council, and shall act as the city attorney and represent the city of Mountain View and the officials of the city when sueing or being sued in their official capacity in all civil litigation in the other courts, The mayor may, without a request from the judge, and shall, when so requested, employ the services of a member of the Bar of the State of Georgia to prosecute any case or cases in the recorder's court, and pay such compensation therefore as may be fixed by the mayor and council. The term `prosecute', as used herein, shall also include representing the city in all certiorari petitions in the superior court, habeas corpus proceedings, or appeals of certiorari proceedings in the Court of Appeals or Supreme Court brought to review convictions of ordinance violations in the Recorder's Court of the City of Mountain View. Section 2. Said Act is further amended by striking the following from Section 6: Said marshal shall be elected annually at the first meeting of the council each year, and he and such other employees as may be elected shall hold their office at the pleasure of the council, and inserting in lieu thereof the following provision: The marshal of the city shall hold the title of Chief of Police, and he, along with the city clerk, shall be elected in the same manner, for the same term, and at the same time, as the judge of the recorder's court, and may be removed prior to the expiration of their respective terms of office in the same manner as the judge. The compensation of said officials shall be set by the mayor and council at the time of their election and may not be diminished during their term of office. Section 3. Said Act is further amended by adding a new section 16 as follows: Section 16. All employees of this city, not otherwise provided for herein or elsewhere in this charter, shall remain in the position in which they have been employed permanently and during good behavior, and the compensation shall not be decreased, except as may be provided by a general percentage decrease uniformly applied to all city employees, except they may be suspended without pay by the mayor for good and just cause in writing, until the next regular

Page 4904

meeting of the mayor and council, at which time said employee shall be entitled to a hearing by the mayor and council who shall have the final authority to discharge, reprimand, reduce the employee in grade, suspend or reinstate. Section 4. This ordinance amending the charter of the City of Mountain View shall take effect immediately upon its enactment and adoption. Section 5. All laws and parts of laws in conflict herewith are hereby repealed. The above ordinance duly adopted at the Regular September Meeting of the Municipal Governing Authority, this 12th day of September, 1977. /s/ Jim Harrison Mayor, Pro Tem /s/ Keith A. Hurlin Councilman /s/ Eddie L. McCloudy Councilman /s/ H. C. Biddy Councilman /s/ June Williams City Clerk The above ordinance duly and finally adopted at the Regular October Meeting of the Municipal Governing Authority, this 3 day of October, 1977. /s/ Ray King Mayor /s/ Keith A. Hurlin Councilman /s/ Jim Harrison Councilman /s/ H. C. Biddy Councilman /s/ Eddie L. McCloudy Councilman /s/ June Williams City Clerk I, June L. Williams, do hereby certify that I am City Clerk and Clerk of Council for the City of Mountain View and that the foregoing is a true and correct copy of the original amendment to the

Page 4905

Charter of the City of Mountain View, Georgia as the same appears of record in my office. Date: 5th day of October, 1977 /s/ June L. Williams City Clerk City of Mountain View Notice. Notice is hereby given that an ordinance will be presented to the mayor and council of the City of Mountain View for final adoption on October 3, 1977, at 7:30 P.M. at the City Hall in Mountain View to amend the charter of the city pursuant to authority granted by the Home Rule Bill, Georgia Laws 1965, pp. 298, 299, (Georgia Code Title 69-1017 (a) and (b) 1,) and will be presented for first reading on September 12, 1977 at 7:30 P.M. at the same place. The proposed amendment will change the terms of office of the judge of the recorder's court, the city marshal and the city clerk from one (1) year to four (4) years, with removal for cause by four (4) members of the governing authority after notice and an opportunity to be heard; will eliminate appeals to the mayor and council from the recorder's court; will define additional duties to be imposed on the judge; will prohibit diminishing the compensation of said officials during their terms of office; will place all employees on a permanent basis and provide for their discharge only for cause and after a hearing by the mayor and council; will provide for the employment of a prosecutor in certain cases; will repeal inconsistent laws, and provide for an effective date. A copy of the proposed amendment is on file in the office of the city clerk of the City of Mountain View at the City Hall, and in the office of the Clerk of the Superior Court of Clayton County for the purpose of examination and inspection by the public. /s/ June Williams City Clerk

Page 4906

Georgia, Clayton County. Personally appeared before the undersigned Mrs. Bobbie Gay, who on oath says that she is Legal Advertising Manager of News/Daily, and that the legal advertisement which appears below was published in said newspaper on the following dates: September 13, 20 and 27, 1977. /s/ Mrs. Bobbie Gay Sworn to and subscribed before me, this 27th day of September, 1977. /s/ Helen W. Jenkins Notary Public, Georgia, State at Large. My Commission Expires Sept. 26, 1978. (Seal). Filed in office of Secretary of State October 6, 1977. CITY OF PLAINSCHARTER AMENDED. An ordinance 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) pursuant to the authority granted by the Municipal Home Rule Act of 1965 (Ga. Laws 1965, p. 298 as amended) so as to provide for the compensation of elected officials: to define the term of the Mayor Pro Tem; to provide for public meetings; to define the procedure for legislative enactments; to redesignate certain provisions; to repeal conflicting laws; and for other purposes. Be it ordained and enacted by the Mayor and Council of the City of Plains, Georgia, and it is hereby ordained and enacted, as follows, to wit. Section 1. That an Act creating a new Charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), is hereby amended by striking Section 2.13 in its entirety and substituting in lieu thereof the following:

Page 4907

Section 2.13. 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 be entitled to receive their actual and necessary expenses incurred in the performance of their duties. Section 2. That Section 2.19(h) of an Act approved April 7, 1976 (Ga. Laws 1976, p. 4161) be amended to read as follows: Section 2.19(h). Call special meetings of the Council as provided for in Section 2.22(b) of this Charter. Section 3. That 2.21(b) of the herein mentioned Act approved April 7, 1976 (Ga. Laws 1976, p. 4161) be amended by inserting the words one (1) year in place of two (2) years in the last sentence of Section 2.21(b) so that when amended it shall read as follows: Section 2.21(b). Following the induction of members, the Council by majority vote of all members thereof shall elect one of their number to be Mayor Pro Tem. The Mayor Pro Tem shall serve for a term of one (1) year and until his successor is elected and qualified. Section 4. That Section 2.22(c) of the herein mentioned Act approved April 7, 1976 (Ga. Laws 1976, p. 4161) be amended by adding the words except as provided otherwise by the general laws of the State of Georgia to the end of Section 2.22(c). Section 5. That Section 2.25(b) of the herein mentioned Act approved April 7, 1976 (Ga. Laws 1976, p. 4164) be amended by adding the words except by unanimous consent of Council to the end of the second sentence of said Section 2.25(b). Section 6. That Article III of an Act approved April 7, 1976 (Ga. Laws 1976, p. 4161) is hereby amended by striking said title to Article III, entitled Executive Branch, and substituting in lieu thereof Administrative Affairs. Section 7. All laws or parts of laws in conflict herewith are repealed.

Page 4908

Section 8. The invalidity of any section, clause, sentence, or provision of this ordinance shall not affect the validity of any other part of this ordinance which can be given effect without such invalid part or parts. Section 9. This ordinance shall take effect from and after the date of its passage and ratification by the Mayor and Council of the City of Plains, Georgia according to Georgia Code Ann 69- 1017(b) (1). Adopted by the Mayor and Council of the City of Plains, Georgia at this second regular consecutive Council meeting this 3rd day of March, 1977. /s/ A. L. Blanton Mayor, City of Plains, Georgia Attest: /s/ W. C. Lamb, Jr. City Clerk An ordinance to amend an Act creating a new Charter for the City of Plains, in the County of Sumter, approved April 7, 1976, (Ga. Laws 1976, p. 4161) pursuant to the authority granted by the Municipal Home Rule Act of 1965, p. 298 as amended) to provide for honorary citizenships; to repeal conflicting laws; and for other purposes. Be it ordained and enacted by the Mayor and Council of the City of Plains, Georgia, and it is hereby ordained and enacted, as follows, to wit: Section 1. That an act creating a new Charter for the City of Plains, approved April 7, 1976 (Ga. Laws 1976, p. 4161), is hereby amended by re-designating present Section 1.12(45) new Section 1.12(46) and by adding a new paragraph to be designated Section 1.12(45) to read as follows:

Page 4909

(45) To issue honorary citizenships of the City, by franchise, for consideration or otherwise, and to make, ordain and establish such by-laws, ordinances, rules and regulations as shall appear necessary to regulate, limit, and restrict the same; Section 2. All laws of parts of laws in conflict herewith are repealed. Section 3. This ordinance shall take effect from and after the date of its passage and ratification by the Mayor and Council of the City of Plains, Georgia according to Ga. Code Ann. 69-1017(b) (1). Adopted by the Mayor and Council of the City of Plains, Georgia at the second regular consecutive Council meeting this 3rd day of March, 1977. /s/ A. L. Blanton Mayor, City of Plains, Georgia Attest: /s/ W. C. Lamb, Jr. City Clerk September 6, 1977 This will certify that the attached copy of Plains Home Rule Charter Amendments, consisting of twelve sections, adopted March 3, 1977, is a true and correct copy of the original on file in my office. /s/ Anthony Smith Clerk, City of Plains, Georgia Notice. Notice is hereby given that The Mayor and Council of the City of Plains, intends to amend the Charter of the City of Plains, in the County of Sumter, approved, April 7, 1976 (Ga. Laws 1976, p. 4161) pursuant to the authority granted by the Municipal Home

Page 4910

Rule Act of 1965 (Ga. Laws 1965, p. 298 as amended) so as to provide for the compensation of elected officials; to define the term of the Mayor pro tem; to provide for public meetings; to define the procedure for legislative enactments; to re-designate certain provisions; to provide for honorary citizenships; and for other purposes. A copy of the proposed amendments is on file in the Office of the Clerk of the City of Plains and the Office of the Clerk of the Superior Court of Sumter County, Georgia for the purpose of examination and inspection by the public. The Clerk of the City of Plains will furnish anyone, upon written request, a copy of the proposed amendment. This 8th day of January, 1977. The Mayor and Council of the City of Plains By: William J. Murray, City Attorney Affidavit of Publication Georgia, Sumter County. Personally appeared before the undersigned officer Rudy Hayes, who says under oath that he is the Managing Editor, of the Americus Times- Recorder, a newspaper which is the official organ of said county and that the attached Notice was published in said newspaper on January 8, January 14th, and January 21, 1977. This 6th day of September, 1977. /s/ Rudy Hayes Sworn to and subscribed before me, this 6th day of September, 1977. /s/ William Jonathan Murray Notary Public, State of Georgia. My Commission Expires March 27, 1980. (Seal). Filed in office of Secretary of State September 8, 1977.

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CITY OF SAVANNAHREMOVAL OF DEBRIS, ETC. An ordinance to amend the Charter of the City of Savannah, Georgia (1977) to amend Section (32) of Appendix I to amend the subject matter of said Charter provision and the provisions pertaining to published notice pursuant to said Charter provision so that the subject matter shall include the removal of debris which is a danger to public safety and that the published notice required shall be for two consecutive days; to repeal all ordinances in conflict herewith; and for other purposes. Be it ordained, by the Mayor and Aldermen of the City of Savannah, Georgia, in regular meeting of Council assembled, and pursuant to lawful authority thereof: Section 1: That the Charter of the City of Savannah (1977) be amended by amending Section (32) of Appendix I to read as follows: (32) Cutting and/or removal of weeds or debris The Mayor and Aldermen of the City of Savannah shall have power and authority to require the owner, or his duly authorized agent, of any lot, tract, parcel of land or premises in the City of Savannah to cut and remove from the same, at any time that the health officer of said City may deem necessary any and all weeds or vegetable growth or debris thereon which might endanger the public health or safety. If, after fifteen days' notice to such owner, or the owner's duly authorized agent, the weeds or vegetable growth or debris are not cut and/or removed, the said Mayor and Aldermen may cut and/or remove the same and charge the expenses of the same to the said owner. The said Mayor and Aldermen shall have authority to enforce the collection of the charges for cutting and/or removing said weeds or vegetable growth or debris when such charges are due and remain unpaid for a period of thirty days, by execution to be issued by the city treasurer of said City against the owners of the premises from which the weeds or vegetable growth or debris are cut and/or removed and such other persons as may be liable therefor. The said execution shall be a lien upon the said premises and, when recorded in the general execution docket of Chatham County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record. The notice required shall consist of two consecutive publications in daily newspaper of general

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circulation in the City of Savannah of a notice signed by the health officer or building official of the City of Savannah and directed to the property owners in the City of Savannah requiring such property owners, within fifteen days after the date of the last publication of such notice, to cut or remove any and all weeds or vegetable growth or debris that may exist upon the land or premises of such property owners. The said execution shall be levied and the property sold in the manner now provided for the levy and collection of executions issued by said City of Savannah for water rents and the proceedings and provisions for the filing of an affidavit of illegality by the defendant in execution, as well as the proceedings for the filing of a claim to the property levied upon by a third person, shall in all respects be similar to the proceedings and provisions of the law applicable to the levy of executions for water rents and charges by the said Mayor and Aldermen of the City of Savannah. (Ga. L. 1919, p. 1294, Sec. 2; Ga. L. 1922, p. 965, Sec. 2.). Section 2: All Charter, Code provisions, or ordinances in conflict herewith are hereby repealed. Adopted and approved December 1, 1977. /s/ Frank P. Rossiter Mayor Pro Tem Attest: /s/ Sophie S. Gottlieb Clerk of Council I, Sophie S. Gottlieb, Clerk of Council of the Mayor and Aldermen of the City of Savannah, Georgia, do hereby certify this to be a true and exact copy of an ordinance adopted and approved by the Mayor and Aldermen of the City of Savannah, in Council assembled, same having been duly advertised, and given the required two readings, one November 17, 1977 and one December 1, 1977. Signed and Sealed December 2, 1977. /s/ Sophie S. Gottlieb Clerk of Council

Page 4913

Georgia, Chatham County. Personally appeared before me, Kimberly L. Godwin to me known, who being by me sworn, deposes and says: That she is the Front Counter Clerk of Southeastern Newspapers Corporation, a Georgia corporation, doing business in Chatham County, Georgia, under the trade name of Savannah News-Press; That said corporation is the publisher of the Savannah Evening Press, a daily newspaper published in said county; That she is authorized to make affidavits of publication on behalf of said publisher corporation; That said newspaper is of general circulation in said county and in the area adjacent thereto and is the newspaper designated and customarily used by the Sheriff of Chatham County for the publication of advertisements and by the other officials and official bodies of and in said county for the publication of notices required by law; That she has reviewed the regular editions of the Savannah Evening Press published on Oct. 21, 1977, Oct. 28, 1977, and Nov. 4, 1977, and finds that the following advertisement, to-wit: Notice. Notice is hereby given that pursuant to provision of Ga. Code Ann. S9-1017, The Mayor and Aldermen of the City of Savannah will consider action to amend Section (32) of Appendix 1 of the Charter of the City of Savannah (1977) pertaining to the cutting and removal of weeds to provide that debris shall also be included within the subject of this provision, that notice may also be given by the building official, and that published notice shall consist of two consecutive publications; and other purposes. This amendment will be considered at the Council meeting of November 17, 1977, to be held in the Council Chamber of City Hall at 2:00 pm. A copy of the proposed amendment is on file in the office of the Clerk of City Council on the second floor of City Hall, Savannah,

Page 4914

Georgia, and on file in the office of the clerk of Superior Court of Chatham County, Georgia, on the first floor of the Chatham County Court House in Savannah, Georgia. /s/ Sophie S. Gottlieb Clerk of Council City of Savannah appeared in each of said editions. /s/ Kimberly L. Godwin (Deponent) Sworn to and subscribed before me, this 2nd day of Dec., 1977. /s/ Patricia Brant Fort Notary Public, Chatham County, Georgia My Commission Expires Oct. 13, 1981. Filed in office of Secretary of State December 5, 1977. CITY OF TEMPLECOUNCIL DISTRICTS. An Ordinance. An ordinance, by the Mayor and Council of the City of Temple, Carroll County, Georgia, under and by virtue of the authority granted by the Municipal Home Rule Act of 1965 (Georgia Code annotated Section 69-1015, et. seq.), to amend an Act incorporating the City of Temple and granting a new charter for said city, approved March 28, 1974 (Ga. Laws 1974, p. 3609, et. seq.) so as to extend the districts from which candidates for the Council shall qualify, so as to encompass the area annexed pursuant to Act No. 748, (HB No. 991, 1977); to repeal all ordinances in conflict herewith, and for other purposes. Be it ordained by the Mayor and Council of the City of Temple, Georgia, and it is hereby ordained by authority thereof:

Page 4915

Section 1. An Act incorporating the City of Temple and granting a new charter for said City, approved March 28, 1974 (Ga. Laws 1974, p. 3609, et. seq.), is hereby amended, under and by virtue of the authority granted by the Municipal Home Rule Act of 1965 (Georgia Code Annotated Section 69-1015, et. seq.), by adding, following Section 2.3, a new Section 2-3.1 to read as follows: Section 2-3.1. In addition to the present area included in each of the five (5) Districts from which candidates for the Council shall qualify; each district, as hereinafter set forth, shall also include all of those tracts or parcels, contained in the following described territory, to-wit: District One: District One shall consist of the area within the City of Temple as follows, to-wit: Beginning at a point where the old Bremen Road intersects the former City limits on the west side of said City; thence southeast along said Old Bremen Road to its intersection with Wells Avenue: thence northeast along Wells Avenue to Bell Street; thence northeast along Bell Street to Rome Street; thence southwest along Rome Street and James Street to U. S. Highway 78; thence southwest along the Center Point Road to the south land lot line of Land Lot 142; thence west along the south land lot line of Land Lot 142 to the southwest corner of Land Lot 142; thence north along the west land lot lines of Land Lots 142, 147, 174, and 179 to the Old Bremen Road; thence southeasterly along the Old Bremen Road to the point of beginning. District Two: District Two shall consist of the area within the City of Temple as follows, to-wit: Beginning at the intersection of U. S. Highway 78 and Carrollton Street (Ga. Highway 113) running thence north along Carrollton Street to its intersection with East Johnson Street; thence in a northwesterly direction along East Johnson Street to its intersection with Rome Street; thence in a southerly direction along James Street to its intersection with U. S. Highway 78, thence in a southwesterly direction along the Center Point Road to the south land lot line of Land Lot 142; thence east along the south land lot lines of Land Lot 142, 141, 140, and 139 to the southeast corner of Land Lot 139; thence north along the east land lot lines of Land Lot 139 and 150 to Bar J Road; thence northwesterly along Bar J Road to Reid Street; thence north along Reid Street to Katie Street; thence north and west along Katie Street to Ga. Highway 113; thence north along Ga. Highway 113 to its intersection with U. S. Highway 78 at the point of beginning.

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District Three: District Three shall consist of the area within the City of Temple as follows, to-wit: Beginning at the intersection of U.S. Highway, 78 and Carrollton Street (Ga. Highway 113); running thence north along Carrollton Street to its intersection with East Johnson Street; running thence east along East Johnson Street to the east land lot line of Land Lot 171; thence south along the east land lot lines of Land Lots 171 and 150 to Bar J Road; thence northwesterly along Bar J Road to Reid Street; thence north along Reid Street to Katie Street; thence north and west along Katie Street to Ga. Highway 113; thence north along Ga. 113 to its intersection with U.S. 78 at the point of beginning. District Four: District Four shall consist of the area within the City of Temple as follows, to-wit: Beginning at a point of the intersection of East Johnson Street with the formerly northeasterly limits of the City of Temple; thence in an easterly direction along East Johnson Street to the east Land Lot Line of Land Lot 171; thence north along the east land lot lines of Land Lots 171, 182, and 203 to the northeast corner of Land Lot 203; thence west along the north land lot line of Land Lot 203 to Rainey Road; thence in a southwesterly direction along Rainey Road to its intersection with Rome Street; thence in a southerly direction along Rome Street to its intersection with East Johnson Street; thence in an easterly direction along East Johnson Street to the point of beginning. District Five: District Five shall consist of the area within the City of Temple as follows, to-wit: Beginning at a point where Rainey Road intersects the former north limits of the City of Temple, thence in a Northeasterly direction along Rainey Road to its intersection with the north land lot line of Land Lot 203; thence west along the north land lot lines of Land Lots 203, 204, 205, and 206 to the northwest corner of Land Lot 206; thence south along the west land lot lines of Land Lots 206 and 179 to the Old Bremen Road; thence in an easterly direction along Old Bremen Road to its intersection with Wells Avenue; thence north along Wells Avenue and Bell Street to Rome Street; thence in a northerly direction along Rome Street to its intersection with Rainey Road; thence in a northeasterly direction along Rainey Road to the point of beginning. Section 2. In the event any part of this ordinance is declared unconstitutional the remaining portions shall remain in full force and effect.

Page 4917

Section 3. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Approved on the Fifth day of July, 1977 and this the First day of August, 1977. /s/ Homer Williams Mayor /s/ Barbara Senft City Clerk /s/ Charles Thomas, Jr. City Attorney Notice. Notice is hereby given that an ordinance, by the Mayor and Council of the City of Temple, Carroll County, Georgia, under and by virtue of the authority granted by the Municipal Home Rule Act of 1965 (Georgia Code Annotated 69-1017 (b)(1)). To amend an Act incorporating the City of Temple and granting a new charter for said city, approved March 28, 1974 (Ga. Laws 1974, p. 3609, et. seq.), will be considered at the August 1, 1977 meeting, so as to extend the districts from which candidates for the council shall qualify, so as to encompass the area annexed pursuant to Act No. 748, (H.B. No. 991, 1977); and to repeal all ordinances in conflict therewith. The Act incorporating the City of Temple and granting a new Charter for said City, approved March 28, 1974 (Ga. Laws 1974, p. 3609), shall be amended, by adding, following Section 2-3, a new Section 2-3.1, a brief synopsis of which is as follows: District One: Shall consist of all the area within the City of Temple bounded on the north by Old Bremen Road, Wells Avenue, and Bell Street; bounded on the east by Rome Street, James Street and Center Point Road; bounded on the south by the south land lot line of Land Lot 142; bounded on the west by the west land lot lines of Land Lots 142, 147, 174 and 179. District Two: Shall consist of all the area within the City of Temple bounded on the north by East Johnson Street; on the east by Carrollton

Page 4918

Street, Katie Street, Reid Street, Bar J Road and the east land lot lines of Land Lots 139 and 150; on the south by the south land lot lines of Land Lots 139, 140, 141, and 142; on the west by Center Point Road and James Street. District Three: Shall consist of all the area within the City of Temple bounded on the north by East Johnson Street; on the east by the east land lot lines of Land Lots 171 and 150, on the south by Bar J Road, Reid Street and Katie Street; on the west by Ga. 113 and Carrollton Street. District Four: Shall consist of all the area within the City of Temple bounded on the north land lot line of Land Lot 203; on the east by the east land lot lines of Land Lots 171, 182, and 203; on the south by East Johnson Street, and on the west by Rome Street and Rainey Road. District Five: Shall consist of all the area within the City of Temple bounded on the north by the north land lot lines of Land Lots 203, 204, 205, and 206; on the west by the west land lot lines of Land Lots 206 and 179; on the south by Old Bremen Road, Wells Avenue, and Bell Street; on the east by Rome Street and Rainey Road. A copy of the proposed amendment is on file in the office of the City Clerk of the City of Temple, and in the office of the Clerk of Superior Court of Carroll County, for purpose of examination and inspection by the public. This the 11th day of July, 1977. /s/ Charles A. Thomas, Jr. City Attorney City of Temple, Georgia Georgia, Carroll County. To Whom It May Concern: This is to certify that the legal notice attached hereto has been

Page 4919

published in the Carroll County Georgian legal organ for Carroll County. The following dates, to-wit: July 14, July 21, July 28. Sworn to on the 4th day of August, 1977. /s/ Stanley Parkman Publisher Sworn to and subscribed before me, on the 4th day of August, 1977. /s/ Carolyn Sullivan Notary Public. (Seal). Filed in Office of Secretary of State August 8, 1977. CITY OF WAYCROSSBUDGET HEARINGS. An Ordinance to amend the charter of the City of Waycross, Georgia, so as to amend Section 35 of Georgia Laws 1922, p. 1087, by adding thereto provisions for public hearings before adoption of the budget by the commission; and for other purposes. Be it ordained by the Commission of the City of Waycross as follows: Section 1. The charter of the City of Waycross is hereby amended by adding to Section 35 of the Act of The General Assembly of Georgia, amending the charter of the City of Waycross, approved August 16, 1922 (Georgia Laws 1922, page 1087), a new subparagraph as follows: (a) At least seven (7) days prior to the presentation of the budget to the Commission, the city Manager shall conduct a public hearing on the proposed budget. Notice of the public hearing shall be published in the official organ of Ware County, Georgia, at least ten (10) days prior to said hearing. After the proposed budget shall have been submitted to the Commission, and before its adoption, the Commission shall conduct a public hearing thereon. Notice of the public

Page 4920

hearing by the Commission shall be published in the official organ of Ware County, Georgia, at least ten (10) days prior to said hearing. Section 2. All ordinances and parts of ordinances in direct conflict herewith are hereby repealed. Adopted on first reading this 6th day of September, 1977. /s/ Robert W. Tonning, Jr. Mayor Attest: /s/ T. C. Gattis City Clerk Adopted on second and final reading this 20th day of September, 1977. /s/ Robert W. Tonning, Jr. Mayor Attest: /s/ T. C. Gattis City Clerk Georgia, Ware County. I, T. C. Gattis, City Clerk of the City of Waycross, do hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Commission of the City of Waycross at its two regular consecutive meetings on September 6, 1977, and September 20, 1977, as the same appears on file and record in my office. Witness my signature and the official seal of the City of Waycross. This 20th day of September, 1977. /s/ T. C. Gattis City Clerk City of Waycross

Page 4921

Public Notice. Notice is hereby given that an ordinance amending the charter of the City of Waycross so as to provide for two public hearings prior to the adoption of the annual budget of the City of Waycross will be considered by the Commission of the City of Waycross. A copy of the proposed ordinance is on file in the office of the City Clerk and the office of the Clerk of the Superior Court of Ware County, Georgia, for the purpose of examination and inspection by the public. This 3rd day of September, 1977. /s/ T. C. Gattis City Clerk City of Waycross Georgia, Ware County. Before me, the undersigned officer duly authorized by law to administer oaths, personally appeared Betty W. Katkaveck, who, first being sworn, on oath states that she is the legal advertising manager of the Waycross Journal-Herald, which newspaper is the official organ of Ware County, Georgia, and of general circulation in Waycross, Georgia, and as such is duly authorized to make this affidavit of publication. Affiant says further on oath that the attached and foregoing public notice was published in said newspaper on September 3, 1977, September 10, 1977, and September 17, 1977. /s/ Betty W. Katkaveck Sworn to and subscribed before me, this 20th day of September, 1977. /s/ Lena H. Sermons Notary Public. Filed in office of Secretary of State September 23, 1977.

Page 4923

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 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 16 HB 1987 City of Austell 3-13-78 17 HB 1320 Handguns and shotguns used for hunting deer 4-3-78 18 HB 1026 Amends Orthotists Praetice Act 4-4-78 19 HB 246 Removes date processing used by Board of Regents from DAS 4-6-78 20 HB 247 Reimbursement of the counties for prisoner costs by DOR 4-6-78 21 HB 1786 Discharge of firearms prohibited in only one county on Sunday between 9 AM and 4 PM 4-6-78 22 SB 448 Method of payment for livestock purchased at auction 4-6-78 23 SR 125 Property conveyance to City of Swainsboro 4-6-78 24 SB 547 Suing of foreign corporations in contract matters 4-10-78 25 HB 1312 Sexual exploitation of minors 4-10-78 26 HB 1598 Control of public schools by municipal, etc. zoning law or ordinances 4-10-78 27 HB 1636 Amends Physician's Assistants Act 4-10-78 28 HB 1804 Distribution formula of proceeds of local option sales tax levy for only one county 4-10-78 29 SB 457 Extends State Commission on Compensation's responsibilities to each full-time chief executive officer of each state executive branch board, bureau, etc. 4-10-78 30 SB 499 Would fix salary of 21 state officials to what they were receiving in December 1977 4-10-78 31 SB 43 Establishes a Department of Actuarial Services 4-11-78 32 SB 509 Changes procedure for revocation and suspension of licenses and permits issued by DNR for violations of Game Fish Laws 4-11-78 33 SB 534 Allows parent to appoint by will a testamentary guardian for a mentally retarded or mentally ill child 4-11-78

Page 4927

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

Page 4929

CONSTITUTION OF THE STATE OF GEORGIA TABLE OF CONTENTS ARTICLE I. Bill of Rights 4931 ARTICLE II. Elective Franchise 4936 ARTICLE III. Legislative Branch 4939 ARTICLE IV. Constitutional Boards and Commissions 4953 ARTICLE V. Executive Branch 4959 ARTICLE VI. Judiciary 4965 ARTICLE VII. Taxation 4978 ARTICLE VIII. Education 4997 ARTICLE IX. Counties and Municipal Corporations 5003 ARTICLE X. Retirement Systems and Educational Scholarships 5020 ARTICLE XI. The Laws of General Operation in Force in this State 5029 ARTICLE XII. Amendments to the Constitution 5030 ARTICLE XIII. Miscellaneous Provisions 5031

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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

Page 4932

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 Forbidden . 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, from 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 publication 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 odd-numbered 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 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 may 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 accordance 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, hereinbefore 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 statute, 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 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

Page 4985

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 partly 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

Page 4986

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;

Page 4987

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

Page 4988

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

Page 4990

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 higest 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

Page 4992

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

Page 4993

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

Page 4995

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 Court 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 beyong 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.

Page 5009

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 purpose 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

Page 5011

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 operating 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.

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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 subdivision 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

Page 5017

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

Page 5018

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

Page 5020

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 Medical 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

Page 5023

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

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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, 1978 H. E. NICHOLS Chief Justice HIRAM K. UNDERCOFLER Presiding Justice ROBERT H. JORDAN Associate Justice ROBERT H. HALL Associate Justice HAROLD N. HILL, JR. Associate Justice JESSE G. BOWLES Associate Justice THOMAS O. MARSHALL Associate Justice ANNE S. EMANUEL Law Assistant BEN G. FSTES Law Assistant ELEANOR D. HENDERSON Law Assistant CHARLES N. HOOPER Law Assistant SAMUEL D. HEWLETT, III Law Assistant DAVID W. HUNT Law Assistant DOUGLAS B. KIDD Law Assistant ROSEMARY KITTRELL Law Assistant CLARENCE LORENTZSON Law Assistant STEPHANIE B. MAVIS Law Assistant BARRY S. MITTENTHAL Law Assistant LEE PERRY Law Assistant MAUD SANDERS Law Assistant CHARLES E. WEBB Law Assistant WARREN A. WEBB Law Assistant SIMON J. WEINSTEIN Law Assistant MRS. SHERIE WELCH Law Assistant DENNIS A. YORK Assistant to the Court MRS. JOLINE BATEMAN WILLIAMS 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, 1978 JOHN SAMMONS BELL Chief Judge BRASWELL D. DEEN, JR. Presiding Judge J. KELLEY QUILLIAN Presiding Judge JULIAN WEBB Judge WILLIAM LEROY McMURRAY, JR. Judge GEORGE T. SMITH Judge ARNOLD SHULMAN Judge HAROLD R. BANKE Judge A. W. BIRSONG, JR. Judge STEPHEN H. BLOCK Law Assistant JEANNE J. BOWDEN Law Assistant ROBERT H. BRINSON, JR. Law Assistant WILLIAM K. CARMICHAEL Law Assistant T. MIL CLYBURN Law Assistant SALLY ELIZABETH CONLIN Law Assistant MARGARET W. DEIMLING Law Assistant DAN GHENT Law Assistant KENNETH A. HOWARD Law Assistant RONALD F. JOHNSON Law Assistant STANLEY E. KREIMER, JR. 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 JEAN J. YOUNG 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, 1978 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, Chief Judge, Pembroke JAMES E. FINDLEY Judge, Reidsville. DUPONT K. CHENEY, D.A., Hinesville. BryanThird Monday in March; first Monday in November. EvansFirst Monday in February 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, Chief Judge, 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. MARION T. POPE, JR., Chief Judge, P.O. Box 589, Canton; RICHARD B. NEVILLE, JR., Judge, Cumming. FRANK C. MILLS, III, D.A., 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. GORDON KNOX, JR., Chief Judge, Hazlehurst. WILLIAM R. KILLIAN, Judge, Brunswick. 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. JOHN H. LAND, Judge, R.F.D., Whitesville Rd., Columbus. OSCAR D. SMITH, JR., Judge, Columbus. E. MULLINS WHISNANT, Judge, Columbus. KENNETH BEMIS FOLLOWILL, Judge, P.O. Box 1340, Columbus. WILLIAM J. SMITH, D.A., Columbus 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. HONS. JERE F. WHITE, Judge, Cartersville. JESSIE CORNELIA MADDOX, Judge, Calhoun. 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. ROBERT E. KELLER, D.A. Jonesboro. ClaytonFirst Monday in February, May, August November. COBB CIRCUIT. HONS. HOWELL COBB RAVAN, Chief Judge, 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., Chief Judge, Dalton. COY H. TEMPLES, Judge, Dalton. CHARLES A. PANNELL, JR., D.A., Chatsworth. MurraySecond Monday in February August. WhitfieldSecond Monday in January July. 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.

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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, Chief Judge, FRANK S. CHEATHAM, JR., PHYLLIS KRAVITCH, Judges, Savannah. ANDREW JOE RYAN, JR., D.A., Savannah. ChathamFirst Monday in March, June, September December. FLINT CIRCUIT. HONS. SAM L. WHITMIRE, Chief Judge, Barnesville. R. ALEX CRUMBLEY, Judge, P.O. Box 775, McDonough. 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 Monday in March; second Monday in September. PikeThird Monday in April November. SpaldingFirst Mondays in February, June October.

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UpsonThird Mondays in March August; first Monday in November. GWINNETT CIRCUIT. HONS. CHAS. C. PITTARD, Chief Judge, Duluth; REID MERRITT, Judge, Lawrenceville. 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, Chief 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. C. CLOUD MORGAN, Chief Judge, Macon; GEORGE B. CULPEPPER, III, Judge, Fort Valley; WALKER P. JOHNSON, Judge, Macon. WILLARD DONALD THOMPSON, 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., Chief Judge, P.O. Box 701, Sandersville; MARVIN B. HARTLEY, JR., Judge, 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.

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MOUNTAIN CIRCUIT. HON. JACK N. GUNTER, Judge, P.O. Box 485, Clarkesville. 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, Chief Judge, JAMES E. PALMOUR, III, Judge, 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, Chief 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.

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OCONEE CIRCUIT. HON. JAMES B. O'CONNOR, Chief Judge, P.O. Box 865, Eastman. PRESTON N. RAWLINS, JR., Judge, McRae. PHILLIP R. WEST, D.A., P. O. Box 571, 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. CHARLES M. FERGUSON, D.A., Cuthbert. ClayThird Monday in March and November. EarlyThird Monday in January and July. MillerFourth Monday in February 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.

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ROME CIRCUIT. HONS. ROBERT L. ROYAL, Chief Judge, JOHN A. FRAZIER, JR., Judge, 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. ANTHONY WALLACE CATO, Judge, Bainbridge. BakerThird Monday in January and July. CalhounLast Monday in May and November. DecaturFirst Monday in February, May, August and November. GradyThird Monday in March 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 April and November. ColquittFirst Monday in February and August. EcholsFirst Monday in February and August. LowndesFirst Monday in March, and the Tuesday immediately following the first Monday in September. ThomasFirst Monday in April and October. SOUTHWESTERN CIRCUIT. HON. WILLIAM F. BLANKS, Judge, Circuit Office, P.O. Box 784, Americus. CLAUDE N. MORRIS, D. A., Americus. LeeFourth Monday in April and October. MaconSecond Monday in May and November. SchleySecond Monday in February and August. StewartSecond Monday in January and July. SumterFourth Monday in February, May and August; first Monday in December. WebsterFourth Monday in January and July. STONE MOUNTAIN CIRCUIT. HONS. WILLIAM T. DEAN, Chief Judge, Conyers; CLARENCE L. PEELER, JR.; CURTIS V. TILLMAN; CLYDE HENLEY;

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EWELL T. HENDON, JR.; ROBERT K. BROOME; KEEGAN FEDERAL, Judges, Decatur. 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. ARTHUR W. FUDGEN, Judge, Dallas, ROBERT J. NOLAND, Judge, Douglasville. 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.

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WAYCROSS CIRCUIT. HON. BEN A. HODGES, Chief 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, Chief Judge, Athens. JOSEPH J. GAINES, 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.

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TABULAR INDEX PROPOSED AMENDMENTS TO THE CONSTITUTION Ad valorem taxation in certain counties (600,000 or more) 2522 Ad valorem tax exemption in certain counties (600,000 or more) 2397 Ad valorem tax on certain livestock 2385 Banks County; homestead exemption for tax purposes 2438 Bibb County; homestead defined 2360 Butts County; homestead exemption for school taxes 2401 Carroll County; civil service system 2343 Charlton County; civil jurisdiction of justices of the peace 2329 Chatham County and City of Savannah; school system 2351 Chatham County; board of education 2341 Chatham County; homestead exemptions 2373 Chatham County; homestead exemption for school tax purposes 2448 Clarke County; sheriff's duties 2313 Clarkesville, City of; homestead exemptions 2354 Cherokee County; jurisdiction of justice of the peace 2472 Claims against State not in excess of $500.00 2433 Cobb County; homestead exemptions 2364 Compensation for innocent victims of crime 2403 Conyers, City of; public facilities authority 2478 Counties and municipalities; redevelopment powers 2386 Crisp County-Cordele Industrial Development Authority 2326 DeKalb County; ad valorem tax exemptions 2378 DeKalb County; ad valorem tax rate 2474 DeKalb County; form of government 2370 DeKalb County; homestead defined 2349 DeKalb County; homestead exemption for tax purposes 2519 DeKalb County; jurisdiction of justices of the peace 2380 DeKalb County; recall of members of board of education 2524 DeKalb County; retirement home authority 2497 DeKalb County; school district homestead exemptions 2389 DeKalb County; special service tax districts 2468 Douglasville, City of; ad valorem tax exemption 2320 Downtown Americus Authority 2455 Downtown Conyers Development Authority 2476 Downtown West Point Development Authority 2331 Effective date of Constitutional Amendments 2395 Elective franchise 2365 Fayette County; industrial building Authority membership 2339 Financing services in certain counties (600,000 or more) 2423 Fulton County, board of education pension fund 2312 Fulton County; branch offices for conducting county business 2426 Fulton County; homestead exemptions 2367 Fulton County; retirement and pension benefits 2383 Fulton County; seven member planning commission 2411 Fulton County; traffic engineering 2421 Governor's Veto 2516

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Gwinnett County; compensation of members of board of education 2361 Habersham County; homestead exemption for tax purposes 2444 Health insurance for retired public school teachers 2435 Homestead exemption for certain disabled veterans 2399 Houston County; arbitration board 2453 Incorporating Amendments to the Constitution 2316 Indemnification with respect to death of law enforcement officers, firemen and prison guards 2437 Intangible property, ad valorem tax 2381 Jackson County; jurisdiction of justices of the peace 2471 Jones County; taxation for use of development authority 2337 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority 2334 Lanier County; jurisdiction of justices of the peace 2352 Library facilities in certain counties (600,000 or more) 2418 Lithonia, City of; homestead exemptions 2375 Lowndes County; regulation of itinerant businesses 2333 Lowndes County; street improvements, etc., in unincorporated areas 2446 Macon, City of; fireman and police pension fund 2311 Macon, City of; homestead exemptions 2357 Monroe County; powers of grand jury 2345 Newnan, City of; powers of board of water, sewerage and light commissioners 2347 Nonprofit bingo games 2392 Paulding County; civil service system 2431 Payment for private property taken for public transportation purposes 2318 Penalty assessments in criminal cases 2310 Pike County; ad valorem tax returns 2405 Planning in certain counties, (600,000 or more) 2408 Polk County; jurisdiction of justices of the peace 2346 Publication of Constitutional Amendments 2427 Recall elections of public officials 2394 Retirement systems and educational scholarships 2505 Richmond County; garbage disposal 2355 Rockdale County; recall elections 2450 Roswell, City of; homestead exemption 2430 Sanitary landfills in certain counties (600,000 or more) 2413 Savannah, City of; homestead exemption for school tax purposes 2448 Spalding County; ordinances 2315 Special elections; write in candidates 2515 Stephens County; homestead exemption for tax purposes 2440 Tax returns and payments in certain counties (600,000 or more) 2406 Toccoa-Stephens County Building and Parks Authority 2322 Unified municipal/county water and sewer systems in certain counties (600,000 or more) 2415

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Upson County; sales and use tax 2494 Walker County; civil jurisdiction of justices of the peace 2342 Wayne County; jurisdiction of justices of the peace 2434 White County; homestead exemption for tax purposes 2442 CODE SECTIONS Chapters 7-3, 7-4, enacted 2270 9-401.2, amended 1949 13-203, amended 1710 13-203.1, amended 2068 23-1704, amended 2029 23-2304, amended 1048 24-107, repealed 899 24-820, amended 1693 Chapter 24-17, amended 1939 24-1705, amended 1038 24-1710, amended 891 24-1802, amended 891 24-2603.3, enacted 1370 Chapter 24-27, amended 1787 24-2715, amended 1654 24-2801, amended 244 Title 24A, amended 1512 24A-2501, amended 1758 26-1007 through 26-1009, enacted 903 26-1312, amended 1420 26-1507, amended 1658 26-1601, amended 236 26-1704, amended 2020 26-1709, amended 1985 26-1802, amended 2257 26-1802.1, enacted 2257 26-1812, amended 1457 26-2001, amended 3 26-2703, amended 851 26-2713, amended 1779 26-2801, amended 228 26-2904, amended 1607 26-9912, enacted 2195 26-9913, enacted 2199 27-101, amended 2033 30-127, amended 258 32-904, amended 1074 , 1446 32-935, repealed 1726 32-942.1, enacted 1446 , 1462 32-1106, repealed 309 32-1116 through 32-1118, repealed 309 32-1127, repealed 309 Title 34, amended 1004 34-605, amended 1035

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34-605.1, amended 1037 34-610, amended 1023 34-705, 34-706, amended 812 34-1003, amended 1781 34-1112, enacted 1979 34-1208, amended 1979 Chapter 34-13, amended 1039 34-1406.1, enacted 900 Title 34A, amended 1025 , 1045 34A-503, amended 1035 34A-1004, amended 1024 34A-1108, amended 1024 Chapter 34A-12, amended 1042 38-415, amended 1657 38-1205, amended 2000 Chapter 40-6A, enacted 911 Chapter 40-15, amended 309 40-1814, amended 220 40-1902, amended 1144 , 1701 40-1904, repealed 1054 Title 41A, amended 1717 Chapter 41A-5, amended 1714 Chapter 41A-27, enacted 1712 Title 45, amended 816 , 1552 45-302.1, enacted 2264 45-302(h), enacted 935 45-529, amended 1755 47-101, amended, House districts 73, 78 1043 Chapter 49-6, amended 1531 Title 56, amended 1149 56-203.1, enacted 2297 56-319.1, enacted 2023 56-407.1, amended 1895 Chapter 56-5, amended 2073 56-507, amended 1423 , 1936 56-615, amended 2025 56-704, amended 2016 56-705, amended 2016 56-1016, amended 1936 56-1042, amended 1639 56-1042, enacted 1936 56-1313, amended 215 56-2430.3, enacted 2017 56-3002, amended 1522 56-9912, amended 215 59-106, amended 1611 59-108, amended 1377 59-112, amended 221 , 1379 59-202, amended 906 59-305, 59-306, repealed 309 59-709, amended 910

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Title 61, amended 938 65-213.1, enacted 1422 Chapter 67-7, amended 1705 67-2001, amended 243 Title 68, amended 2241 68-206, enacted 901 68-221, amended 927 Title 68A, amended 1483 68A-706, amended 2065 68A-804, amended 1967 68A-1112, amended 1601 Title 68B, amended 225 68B-202, amended 931 , 2189 68B-215, amended 920 68B-218, amended 2191 68B-307, amended 1655 68B-316, amended 1452 68C-101, amended 1494 68C-301, amended 1494 68C-307.1, amended 1527 Title 68D, enacted 2302 Chapter 69-15a, enacted 1898 74-107, amended 258 Chapted 74-5, enacted 258 74-711, amended 2059 76-101, amended 1924 76-201, amended 1924 79-501, amended 1365 Title 79A, amended 1668 79A-202.1, enacted 1962 79A-206, amended 1962 79A-401.1, enacted 1962 79A-811.1, enacted 2237 84-507, amended 2050 84-601, amended 1454 Chapter 84-7, amended 240 84-724, amended 1760 84-907, amended 1381 84-927, amended 223 84-1004, amended 1635 Chapter 84-14, amended 231 84-1405, amended 953 Chapter 84-16, amended 1488 84-1611, amended 1753 84-4004, amended 1526 Chapter 84-56, enacted 1728 84-6613, amended 1505 84-9982, enacted 1728 Title 88, amended 941 Chapter 88-2, amended 2031 88-310, amended 1663

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Chapter 88-4, amended 1856 Chapter 88-5, amended 1567 , 1789 Chapter 88-9, repealed 275 Chapter 88-12, amended 2262 88-1803, amended 1974 88-1804.1, enacted 2009 88-1805, amended 1970 88-1901, amended 1757 88-1911, amended 1969 88-2010, enacted 811 Chapter 88-25, amended 1826 Chapter 88-31, amended 1068 Chapter 88-33, enacted 1726 89-827 through 89-831, repealed 309 89-834, repealed 309 91-104a, amended 1047 Title 91A, created 309 Title 92, repealed 309 92-14, amended 186 92-3007, amended 1469 92-3106, amended 1471 92-3107, amended 1456 92-3108, amended 1456 92-3118, amended 1444 92-3216, amended 1748 92-3701, amended 2006 92-3902A, amended 928 92-4801, amended 1703 92-5702, amended 1950 92-5708, amended 1778 92-5910, amended 1603 92-6010, amended 1604 92-6201, amended 1700 92-6903, amended 1751 Title 95A, amended 1989 95A-1307, enacted 1473 101-202, amended 2288 105-1301, amended 2218 105-106, amended 2202 , 2218 , 2267 Chapter 109A-9, amended 1081 113-607, amended 1605 113-1301, amended 1509 Title 114, amended 2220 SUPREME COURT Justices, compensation 4 Record retention rules 1372

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COURT OF APPEALS Judges' compensation 4 SUPERIOR COURTS See also General Index under name of County Alcovy Circuit; additional judge 1064 Atlanta Circuit; assistant district attorneys 2170 Brunswick Circuit; terms 878 Cherokee Circuit; additional judge 959 Clerks' retirement system, benefits, etc. 2069 Clerks' salaries 937 Cobb Circuit; additional judge 970 Deposit of funds in registry of court 1704 Dismissal of appeals for failure to pay court costs 1986 District attorneys compensation 4 Electronic or mechanical selection of jurors 1377 Griffin Circuit; supplement to judges and district attorney 879 Griffin Circuit; terms 1481 Habeas Corpus clerks, etc. in certain judicial circuits 2051 Judges' compensation 4 Lookout Mountain Circuit; additional judge 949 Ogeechee Circuit; additional judge 1050 Recordation of deeds by clerks 1654 Recording of criminal cases by clerks 1787 Recording of maps, plats, etc. by clerks 1616 Rome Circuit; assistant district attorney 886 South Georgia Circuit; additional judge 975 Travel expenses of judges 1371 JUVENILE COURTS Juvenile Court Code amended 1512 Transfer of cases to other courts 1758 PROBATE COURTS See also General Index under name of County Costs 1939 Disqualification of judges, clerks 891 Judges' bonds 1038 Judges' salaries 1953 Notice of motion for probate of will in solemn form 1605 STATE COURTS See also General Index under name of County Clayton County; judge's salary 3581 Cobb County; additional judge 3253 Cobb County; magistrates 4096 Glynn County; clerk's compensation 4357

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Habersham County; solicitor's secretary 3608 Hall County; solicitor's salary, etc. 3531 Long County; solicitor's salary 4065 Muscogee County; salaries of solicitor and assistant 4113 Peace warrants 1924 Spalding County; terms 3441 Stephens County; salaries 3156 Sumter County; compensation of judge and solicitor 3344 Thomas County; judge's salary 3259 Thomas County; solicitor's salary 3262 Troup County; salaries 3211 Wayne County; solicitor's salary, secretarial allowance, etc. 4071 COUNTIES AND COUNTY MATTERS Counties See General Index by name of County. COUNTY MATTERS BY POPULATION 2,750-3,250; salary act for commission clerks repealed 3612 4,000-4,575; compensation of tax collectors 1147 7,040-7,055; small claims courts 3514 7,300-7,350; coroners' compensation 3340 9,705-9,905; sale of alcoholic beverages 1562 10,450-10,650; probate judges' salaries 4407 10,450-10,650; sheriffs' salaries 3537 10,450-10,650; tax returns 1700 12,950-13,150; burial expenses for paupers 1048 13,650-14,750; tax returns 3591 18,358-19,148; small claims courts 3821 18,500-19,000; compensation of boards of education members 1049 19,500-19,700; small claims courts 3821 26,290-27,280; compensation of county commissioners 4430 32,500-32,800; sale of alcoholic beverages by private clubs 1550 35,000-44,000; expenses of members of governing authorities 3857 100,000 or more; billiard room licenses, etc. 1488 145,000-165,000; compensation of named elected officials 3860 170,000-195,000; alcoholic beverages, referendum 932 170,000-195,000; boards of elections 3778 185,000-190,000; sheriffs' compensation 4095 200,000 or more; recording of grand jury proceedings 909 200,000-600,000; board of registrations and elections 3677 200,000-600,000; Sunday sales of intoxicating beverages 3909 300,000 or more; act providing salaries and expenses for members of boards of education repealed 3929 400,000-600,000; assistant county administrators (estates) 1509 600,000 or more; absentee ballots 900 600,000 or more; ad valorem tax exemptions, proposed amendment to the Constitution 2397 600,000 or more; ad valorem taxation; proposed amendment to the Constitution 2522 600,000 or more; county boards of tax assessors 4609

Page 5054

600,000 or more; county planning, proposed amendment to the Constitution 2408 600,000 or more; financing of services 4656 600,000 or more; financing services, proposed amendment to the Constitution 2423 600,000 or more; library facilities, proposed amendment to the Constitution 2418 600,000 or more; salaries and expenses of members of boards of education 3929 600,000 or more; sanitary landfills, proposed amendment to the Constitution 2413 600,000 or more; tax returns and tax payments, proposed amendment to the Constitution 2406 600,000 or more; unified water and sewer systems, proposed amendment to the Constitution 2415 More than 600,000; annexation 4667 COUNTY MATTERSHOME RULE ACTIONS DeKalb County; board of commissioners meetings 4696 DeKalb County; executive assistant 4683 DeKalb County; merit council 4691 DeKalb County; non merit employees 4678 DeKalb County; pension act 4700 Floyd County; board of commissioners act prohibiting neopotism amended 4710 Floyd County; board of commissioners merit system act amended 4707 Floyd County; board of commissioners time of meetings changed 4704 Gwinnett County; meetings of board of county commissioners 4715 Hall County; civil service system 4718 Richmond County; tenure act repealed, personnel board, etc. established 4721 White County; soil erosion and sedimentation control ordinance 4728 MUNICIPAL CORPORATIONSNAMED CITIES See also General Index under name of City. MUNICIPALITIESBY POPULATION 100,000 or more; billiard room licenses, etc. 1488 150,000 or more; actuarial investigations, etc., of police retirement systems 4507 150,000 or more; employees' pension act amended 4013 More than 150,000; actuarial investigations, etc. of retirement systems 4504 , 4506 More than 300,000; paid fire department pension fund act amended 4508

Page 5055

More than 300,000; pension system for officers and employees amended 4546 More than 300,000; police department pension system act amended 4527 MUNICIPALITIESHOME RULE AMENDMENTS Albany, City of; assessments for street improvements 4746 Albany, City of; assistant city manager 4754 Albany, City of; city treasurer 4751 Albany, City of; public transportation system 4749 Albany, City of; sewer extensions 4756 Atlanta, City of; city attorney 4760 Atlanta, City of; mayor's subpoena powers 4768 Atlanta, City of; removal of department directors 4763 Byron, City of; salaries of mayor and aldermen 4772 Conyers, City of; new charter 4774 Covington, City of; salaries of mayor and councilmen 4812 Elberton, City of; recorder's court 4816 Gainesville, City of; civil service employment 4822 Gainesville, City of; compensation of commissioners 4819 Jesup, City of; salary of city manager 4826 College Park, City of; continuance of disability pension 4832 College Park, City of; pension for disability 4828 College Park, City of; salaries of mayor and councilmen 4834 Macon, City of; charter 4844 Macon, City of; civil service system 4885 Macon, City of; employee strikes, etc. 4881 Macon, City of; removal of judges 4889 Macon, City of; retirement of fire and police department employees 4839 Morrow, City of; city manager 4892 , 4895 Morrow, City of; elections 4893 Morrow, City of; tax assessments 4899 Mountain View, City of; recorder's court 4901 Plains, City of; charter amended 4906 Savannah, City of; removal of debris, etc. 4911 Temple, City of; council districts 4914 Waycross, City of; budget hearings 4919 RESOLUTIONS AUTHORIZING COMPENSATION Austin, Dr. John S. Jr. 4592 Cavender, Wayne 4603 Culberson, Richard H. 4588 Duffey, Wesley 4601 Fowler, Jerry L. 4593 Holder, Ms. Janet 4590 Ireland, Tom E. 4605 Kleinhans, Ms. Pat 4596 Martin, Mrs. George Ellis 4597 Nantz, Wilson A. 4599

Page 5056

Norris, Harold 4600 Peeples, Nancy B. 4594 Suther, Tom 4589 Thomas, Lewis W. 4602 Wright, James H. 4591 Young, Miss Henrietta 4595 RESOLUTIONS AUTHORIZING LAND CONVEYANCES, LEASES AND EASEMENTS Bainbridge, City of; land in, conveyance 2145 Brunswick, City of; land exchange 2167 Cartersville, City of; air rights 2137 Catoosa County; land in, conveyance 2142 Chattanooga Housing Authority; conveyance 2121 , 2123 Colonial Pipeline Co.; easement 2158 GAF Corporation; easement 2100 Georgia Forestry Commission; lease by 2161 Liberty Independent Troop Corporation 1079 Marietta, City of; lease extended 2147 Metropolitan Atlanta Rapid Transit System; easement 2117 Omni International, Inc. and Omni International, Ltd.; lease amendment 2079 Pelham Development Authority; lease 877 Pulaski County; land in, conveyance 2155 Ringgold, City of; conveyance 2153 Rol, Inc.; land exchange 2163 St. Marys, City of; easement 2156 Sconyers, Grady M. Mrs. Cortez H., conveyance 2128 State Farmers Market, Dillard; boundary line agreements 2096 Wayne County; conveyance to 2140 Whitfield County; land in, conveyance 2132 Youth Estate, Inc.; conveyance to 2143 MISCELLANEOUS RESOLUTIONS Adams, Wallace, golf course designated 4587 Charge to Coordinating Committee for exceptional individuals 2115 Code Revision Commission membership 230 Council on the deaf created 2150 Displaced Homemakers Advisory Council created 2130 Georgia school laws Recodification Committee 2113 Golden Isles Highway and Golden Isles Connector designated 2138 Graves, Mrs. Amilee C., commended, etc. 4585 Hodges, General Courtney Hicks, building designated 4607 Joint stop drugs at the source study committee created 2111 Loan of portrait of Governor William J. Northen 2078 Plan for the development of services to troubled children 2110 Presidential Route designated 2103 Richmond County-City of Augusta service district study 3115

Page 5057

Select Committee on Constitutional Revision amended 2134 Services for the Aged Study Committee created 2107 State authorities study committed created 2152 Tax Reform Commission created 1076 Termination date of Employment Agency Advisory Council 2097 Termination date of Georgia Auctioneers Commission 2106 Termination date of State Board of Examiners of Speech Pathology and Audiology 2149 Termination date of State Board of Geologists Examiners 2136 Termination date of State Board of Registration for Professional Soil Classifiers 2099 Termination date of State Building Administrative Board 2098 Treutlen, Gov. John Adam, highway designated 4606

Page 5058

GENERAL INDEX A ABSTRACTS OF DRIVERS OPERATING RECORDS Furnishing copies 920 ACCIDENT AND SICKNESS INSURANCE Insurance Code amended 1149 Preexisting conditions 2036 ADAMS, WALLACE Golf course designated 4587 ADEQUATE PROGRAM FOR EDUCATION IN GEORGIA ACT Allotment of elementary instructional specialists 2034 Amended 917 , 1146 Amended, adult educational programs 996 Amended, transfer of sick and personal leave 990 Certification of teachers, etc. 2058 Classroom aides 2039 Community education activities 2040 Coordination with other State Agencies 2037 Objectives and purposes 1486 Special education leadership units 1485 ADMINISTRATIVE PROCEDURE ACT Amended 1362 Amended, adoption of rules, etc. 1437 ADMINISTRATIVE SERVICES, DEPARTMENT OF Commissioner's compensation 4 Documentation of certain expenses by State employees 1919 Mileage allowance for use of private vehicles 1786 , 1894 Surplus properties 1701 ADJUTANT GENERAL Compensation 4 AGRICULTURE Inspection of fluid milk and milk products 1988 Licensing and bonding of dealers 1450 Liming materials Act of 1976 amended 1506 Payments at livestock auctions 2061

Page 5059

Plant Food Act of 1970 amended 218 Special sales of livestock 1467 AIR QUALITY ACT OF 1978 Enacted 275 AIRPORTS Airport Licensing 1932 ALBANY, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Corporate limits 4498 ALBANY-DOUGHERTY HOSPITAL AUTHORITY Vacancies 4136 ALCOHOLIC BEVERAGES Licensing, etc. 1426 Refunds for tax stamps 1645 Retail licenses 1376 Sale by private clubs in certain counties (32,500-32,800) 1550 Sale in certain counties (9,705-9,905) 1562 Sale, etc. in certain counties (170,000-195,000) 932 Sale in private clubs 1155 Sunday sales in certain counties (200,000-600,000) 3903 ALCOHOLISM ADVISORY COUNCIL Defined 2048 ALCOVY JUDICIAL CIRCUIT Additional judge 1064 ALPHARETTA, CITY OF Corporate limits 3926 ALAPAHA, TOWN OF Corporate limits 3371 ALIMONY Modification of permanent alimony judgments 2204

Page 5060

ALTERATION OF MAXIMUM SPEED LIMITS Regulated 1967 ALTERNATE GRAND JURORS Provisions relating to alternate grand jurors 906 AMERICUS, CITY OF Downtown Americus Authority, proposed amendment to the Constitution 2455 APPELLATE PROCEDURE Dismissal for failure to pay costs in trial court 1986 APPLIED PSYCHOLOGISTS Licenses, etc. 1686 APPLING COUNTY Commissioners' salaries 3863 Compensation of tax commissioner 4087 Fees for collection of school taxes 4084 Salaries of sheriff and clerk of Superior Court 3865 Salary of judge of probate court 4085 Sheriff's salary 4082 Terms of superior court 878 APPORTIONMENT House of Representatives, Districts 73, 78 1043 APPROPRIATIONS General Appropriations Act enacted 1165 Funds for common schools 1726 Supplemental Appropriations Act 10 ARBITRATION Construction contracts, medical malpractice claims 2270 ARCHIVES AND HISTORY Georgia Records Act amended 1372 ATHENS, CITY OF Appearance of vacant lots, etc. 3482

Page 5061

ATLANTA, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Residency requirements for mayor and council members, etc. 4625 , 4671 Unified AtlantaFulton County water and sewer system Act 4637 ATLANTA JUDICIAL CIRCUIT Assistant district attorneys 2170 ATTORNEY GENERAL Compensation 4 AUBURN, TOWN OF Recorders' Court, etc. 3266 AUCTIONEERS COMMISSION Termination date 2106 AUGUSTA, CITY OF Fire department 4157 Richmond County-City of Augusta Service District Study 3115 AUGUSTA-RICHMOND COUNTY COLISEUM AUTHORITY ACT Amended, sales taxes 4673 AUGUSTA-SAVANNAH RIVER PARKING AND URBAN REDEVELOPMENT AUTHORITY Name changed, projects 4159 AUSTIN, DR. JOHN S. JR. Compensation for damages 4592 AUTHORITIES State Authorities Study Committee created 2152 AUTHORITIES, PUBLIC Development Authorities Law amended 1162

Page 5062

B BACON COUNTY Deputy sheriffs, etc. 3905 Small Claims Court Act amended 4222 BAINBRIDGE, CITY OF Land conveyance 2145 BAKER COUNTY Additional judge of superior court 975 Sheriff's salary, etc. 3735 BALDWIN COUNTY Compensation of County Commissioners 3597 Jurisdiction, etc. of small claims court 3599 BANKS AND BANKING Airport branches 2068 Branch banks 1710 Commissioner's compensation 4 Days of operation, etc. 1714 Financial Institutions Code of Georgia amended 1717 International Bank Agencies 1712 BANKS COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2438 BARROW COUNTY Act creating board of commissioners amended 4232 Compensation of tax commissioner 4235 BARTOW COUNTY Additional judge of superior court 959 Coroner's compensation 4502 BEARS Protection of beehives 1755 BEEHIVES Protection from bears 1755

Page 5063

BIBB COUNTY Ad valorem tax administration 3738 Compensation of members of board of education and orphanage 4007 Homestead defined, proposed amendment to the Constitution 2360 BICYCLES Application of rules of the road 1483 BILLIARD ROOMS Admission of persons under 18 years of age 1753 Licenses, etc. in certain counties and municipalities (100,000 or more) 1488 BINGO Licensing, etc. of non-profit bingo 853 Non-profit bingo games, proposed amendment to the Constitution 2392 BLASTING Requirements 1659 BLASTING STANDARDS ACT OF 1978 Enacted 1624 BLECKLEY COUNTY Jurisdiction of small claims court 3690 BLOOMINGDALE, CITY OF Corporate limits 4076 Corporate powers, referendum 4073 Police court 4079 BLUE AND GRAY MUSEUM Loan of portrait of Governor William J. Northen 2078 BOARD OF ATHLETIC TRAINERS Effective date 2045 BOARD OF DENTISTRY Amended 240

Page 5064

BOARD OF EXAMINERS OF SPEECHPATHOLOGY AND AUDIOLOGY Termination date 2149 BOARD OF FAMILY PRACTICE Act amended 923 BOARD OF GEOLOGISTS EXAMINERS Termination date 2136 BOARD OF OCCUPATIONAL THERAPY Review by General Assembly 1761 BOARD OF OFFENDER REHABILITATION ACT Amended 1647 BOAT SAFETY ACT Amended 1743 BONDS Revenue Bond Law amended 2062 BOSTON, CITY OF Mayor and aldermen, terms of office, etc. 3414 BRANTLEY COUNTY Act placing officers on salary basis amended 3850 Compensation of board of commissioners 4138 Deputy sheriffs, etc. 4567 BRUNSWICK, CITY OF Exchange of land authorized 2167 Recorder 4465 BRUNSWICK JUDICIAL CIRCUIT Terms 878 BRYAN COUNTY Board of education members, referendum 3774 BULLOCH COUNTY Additional judge of superior court 1050

Page 5065

County commissioners' clerical assistant 3653 Deputy sheriffs' compensation 3622 Salaries of employees of clerk of superior court 3630 Salaries of tax commissioners' assistants, etc. 3627 Salary of clerical employee of probate judge 3632 Small claims court 3161 BURGLARY Defined, punishment 236 BURIAL EXPENSES FOR PAUPERS Expenses in certain counties (12,950-13,150) 1048 BURKE COUNTY Probate court personnel, etc. 3692 BUS PASSENGER SAFETY ACT Enacted 2238 BUTTS COUNTY Board of education, referendum 3368 Homestead exemption for school taxes, proposed amendment to the Constitution 2401 BYRON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Recorder's court 4431 C CAIRO, CITY OF Executions for indebtedness past due to city 3175 CALHOUN CITY Additional judge of superior court 975 CAMDEN COUNTY Terms of superior court 878 CANCELLATION OF INSURANCE POLICIES Notification, etc. 2017

Page 5066

CARROLL COUNTY Civil services system, proposed amendment to the Constitution 2343 CORROLLTON, CITY OF Elections 3839 Election of board of education 4169 CARTERSVILLE, CITY OF Conveyance of air rights 2137 CASH APPEARANCE BONDS Traffic offenses 1493 CATOOSA COUNTY Additional judge of superior court 949 Clerical assistance for county commissioners 4206 Clerical assistance for probate court 4215 Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority, proposed amendment to the Constitution 2334 Land conveyance authorized 2142 Salary and budget of sheriff 4212 Salary of tax commissioner, etc. 4209 CAVENDER, WAYNE Compensation for damages 4603 CERTIFICATION OF WATER AND WASTEWATER TREATMENT PLANT OPERATORS ACT Amended 1492 CHAMBLEE, CITY OF Penalties for violating ordinances 4238 CHANGE OF NAME Consent of and service on parents of minors 1365 CHARLTON COUNTY Civil jurisdiction of justices of the peace, proposed amendment to the Constitution 2329 CHATHAM COUNTY Board of education, proposed amendment to the Constitution 2341

Page 5067

Chatham County and City of Savannah school system, proposed amendment to the Constitution 2351 Compensation of named county officers, etc. 4069 Homestead exemptions for school tax purposes, proposed amendment to the Constitution 2448 Homestead exemptions, proposed amendment to the Constitution 2373 Water and sewer authority members 4407 CHATTAHOOCHEE COMPACT Enacted 1497 CHATTAHOOCHEE COUNTY Board of commissioners, salaries 3248 CHATTANOOGA HOUSING AUTHORITY Land conveyance authorized 2121 , 2123 CHATTOOGA COUNTY Additional judge of superior court 949 Compensation of board of education, referendum 3848 CHECKS Bad checks, present consideration defined 2020 CHEROKEE COUNTY County commissioners, referendum 3029 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2472 CHEROKEE JUDICIAL CIRCUIT Additional judge 959 CHICKAMAUGA, CITY OF Recorder 3841 CHILD ABUSE Reports of, etc. 2059 CHILD CUSTODY Uniform Child Custody Jurisdiction Act enacted 258

Page 5068

CHILD CUSTODY INTRASTATE JURISDICTION ACT OF 1978 Enacted 1957 CHILDREN Cruelty, crimes 228 Employment of children 2208 CHILDREN AND YOUTH ACT Amended, records 1510 CHIROPRACTORS Educational qualifications 2050 CIVIL COURT OF RICHMOND COUNTY Judges, marshal 3341 CIVIL DEFENSE ACT OF 1951 Amended 1600 CLAIMS AGAINST THE STATE Claims against State not in excess of $500.00, proposed amendment to the Constitution 2433 CLARKE COUNTY Compensaton of board of commissioners 3373 Magistrate's court, costs etc. 3375 Sheriff's duties, proposed amendment to the Constitution 2313 Use of school tax, referendum 4573 CLARKESVILLE, CITY OF Homestead exemptions, proposed amendment to the Constitution 2354 CLARKSTON, CITY OF Terms of office of mayor and council, referendum 3639 CLAYTON COUNTY Compensation of board of commissioners 3672 Compensation of sheriff and clerk of superior court 3586 Office location of board of commissioners 3510 Salary of judge of probate court 3589 Tax Commissioner's compensation 3584

Page 5069

CLAYTON COUNTY, STATE COURT OF Judge's salary 3581 CLERKS OF SUPERIOR COURTS Minimum salary Act amended 937 CLERKS OF SUPERIOR COURT RETIREMENT SYSTEM Benefits, etc. 2069 CLINICAL TRAINING PROGRAM Medical College of Georgia 1381 COASTAL MANAGEMENT ACT OF 1978 Enacted 245 COBB COUNTY Additional judge of superior court 970 Civil service act amended 3637 Homestead exemptions, proposed amendment to the Constitution 2364 Records and identification bureau Act repealed 3527 Sheriff's chief investigator 3529 COBB COUNTY, STATE COURT OF Additional judge 3253 Magistrates 4096 COBB JUDICIAL CIRCUIT Additional judge 970 CODE OF PUBLIC TRANSPORTATION Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 CODE REVISION COMMISSION Membership 230 COLLEGE PARK, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments

Page 5070

COLLINSVILLE, TOWN OF Charter repealed 3566 COLONIAL PIPELINE COMPANY Easement 2158 COLUMBIA COUNTY Board of commissioners, recall elections 3361 Board of education, referendum 3359 COLUMBUS, CITY OF Recorder's court judge's salary 4461 COMMERCIAL GAMBLING Defined, etc. 851 COMMISSION ON PHYSICAL FITNESS Created 814 COMMISSIONER OF LABOR Employment of children 2208 Salary 4 COMMISSIONER OF OFFENDER REHABILITATION Salary 902 COMMUNITY AFFAIRS, DEPARTMENT OF Expenses of members 1542 Responsibilities of department 1545 COMPENSATION Named State officials 4 COMPTROLLER GENERAL Compensation 4 CONFIDENTIAL INFORMATION Insurance Code amended 215 CONSTABLES Fees 1693

Page 5071

CONSTITUTION, TOWN OF Charter repealed 3568 CONSTITUTIONAL AMENDMENTS Sse also Tabular IndexProposed Amendments to the Constitution . Effective date, proposed amendment to the Constitution 2395 Incorporating amendments, proposed amendments to the Constitution 2316 Publication of Constitutional amendments, proposed amendment to the Constitution 2427 CONSTRUCTION Plumbing Fixtures, etc. 914 CONSTRUCTION CONTRACTS Arbitration Code 2270 CONTRACTORS Bonds for county works 2029 CONTROLLED SUBSTANCES ACT Amended 2237 CONYERS, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Downtown Conyers Development Authority, proposed amendment to the Constitution 2476 New Charter, referendum 3868 Public Facilities Authority, proposed amendment to the Constitution 2478 COOK COUNTY Airport Authority Act 3696 Election of chairman of board of commissioners 3577 COOPERATIVE MARKETING ACT Amended 1422 COORDINATING COMMITTEE FOR EXCEPTIONAL INDIVIDUALS Change to 2115

Page 5072

CORDELE, CITY OF Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 2326 CORNEA AND EYE REMOVAL Medical Examiners 811 CORONERS Compensation in certain counties (7,300-7,350) 3340 CORRECTIONS, STATE BOARD OF Act amended 985 Director's compensation 4 Youthful offender division 922 COUNCIL ON MATERNAL AND INFANT HEALTH Membership 1763 COUNCIL ON THE DEAF Created 2150 COUNTIES Contractors' bonds 2029 Financing services in certain counties (600,000 or more), proposed amendment to the Constitution 2423 Indemnity insurance 1380 Planning in certain counties (600,000 or more), proposed amendment to the Constitution 2408 Redevelopment powers, proposed amendment to the Constitution 2386 Taxes 2006 Unified municipal/county water and sewer systems in certain counties (600,000 or more), proposed amendment to the Constitution 2415 COUNTY BOARDS OF EDUCATION Compensation of board members, transportation of elderly 1446 Expenditures 1462 COUNTY BOARD OF TAX ASSESSORS Members 1751

Page 5073

COUNTY COMMISSIONERS Compensation in certain counties (26,290-27,280) 4430 COUNTY ELECTED OFFICIALS Compensation in certain counties (145,000-165,000) 3860 COUNTY GOVERNING AUTHORITIES Expenses in certain counties (35,000-44,000) 3857 COURT OF APPEALS Judges' compensation 4 COURTS OF RECORD Minutes 899 COVINGTON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Charter amended 3519 CRAWFORD COUNTY Probate judge's salary 3603 Small claims court, jurisdiction, etc. 4243 Superior court clerk's employees 3610 Tax commissioner's employees 3601 CREED Insurance rates 1423 CRIME INFORMATION CENTER Dissemination of information 1981 CRIMES Bad checks, present consideration defined 2020 Burglary, punishment 236 Bus hijacking, etc. 2238 Commercial gambling 851 Compensation for innocent victims, proposed amendment to the Constitution 2403 Criminal solicitation 903 Cruelty to children 228 Drug-related printed material 2195 Food stamps 1964 Fraudulent attempts to obtain refunds 1985

Page 5074

Gambling devices, exceptions 1779 Interference with custody 1420 Interfering, damaging, etc. with property 1658 Punishment for theft 1457 Rape defined, punishment 3 Sexual exploitation of children 2193 Shoplifting 2257 Survey monuments 1614 Unauthorized reproduction, etc. of recorded material 1938 Unlawful practices in sale, lease, etc. of housing 1593 Use of certain types of plumbing fixtures 914 Use of term Doctor or Dr. regulated 2046 Violation of Industrial Loan Act 1033 CRIMINAL JUSTICE PLANNING AND COORDINATION ACT OF 1978 Enacted 2004 CRIMINAL PROCEDURE Disposition of articles obtained in in searches and seizures 2260 First Offender Act amended 1621 Penalty assessmentscriminal cases, proposed amendment to the Constitution 2310 Rewards for arrest, etc. of felons 2033 Special adult offender Act of 1975 repealed 1999 CRIMINAL SOLICITATION Defined, etc. 903 CRISP COUNTY Crisp County-Cordele Industrial Development Authority, proposed amendment to the Constitution 2326 CRUELTY TO CHILDREN Crimes 228 CULBERSON, RICHARD H. Compensation for damages 4588 CUSTODY, INTERFERENCE WITH Crime 1420

Page 5075

D DACULA, CITY OF New charter 3040 DADE COUNTY Additional judge of superior court 949 County commissioner's salary, duties, etc. 3842 DALTON, CITY OF Maximum fine in recorder's court 3595 DAMS Georgia Safe Dams Act of 1978 795 DANVILLE, TOWN OF Terms of mayor and councilmen 3635 DAWSON COUNTY Clerk of probate court 3078 DEAF, COUNCIL ON THE Created 2150 DEAF PERSONS Motor vehicle license plaets 1653 DEALERS IN AGRICULTURAL PRODUCTS Licensing and bonding 1450 DECATUR COUNTY Additional judge of superior court 975 Land conveyance 2145 Sheriff's salary 3194 DeKALB COUNTY See also Tabular IndexCounty MattersHome Rule Actions Ad valorem tax exemptions, proposed amendment to the Constitution 2378 Ad valorem tax rate, proposed amendment to the Constitution 2474 Board of education districts, referendum 4104 Commutation tax in lieu of road work repealed 3562

Page 5076

Form of government, proposed amendment to the Constitution 2370 Homestead defined, proposed amendment to the Constitution 2349 Homestead exemption for tax purposes, proposed amendment to the Constitution 2519 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2380 Recall of members of board of education, proposed amendment to the Constitution 2524 Retirement home authority, proposed amendment to the Constitution 2497 School district homestead exemptions, proposed amendment to the Constitution 2389 Special service tax districts, proposed amendment to the Constitution 2468 DENTAL EDUCATION BOARD Members' compensation 4 DENTISTS Board of Dentistry Act amended 240 DENTIST AND DENTAL HYGIENIST Reports of wrong doing 1760 DEPARTMENT OF ADMINISTRATIVE SERVICES Commissioner's salary 4 Documentation of certain expenses by State employees 1919 Mileage allowance for State employees 1786 , 1894 Surplus properties 1701 DEPARTMENT OF COMMUNITY AFFAIRS Expenses of members 1542 DEPARTMENT OF HUMAN RESOURCES Prevention of mental retardation, etc. 2262 Responsibilities of department 1545 Reports of child abuse 2059 DEPARTMENT OF INDUSTRY AND TRADE Membership on board 997 DEPARTMENT OF PUBLIC SAFETY Cash appearance bonds 1493

Page 5077

Motor vehicle operators' licenses 1655 Retirement 1440 Suspension of drivers' licenses 1452 DEPARTMENT OF TRANSPORTATION Permits to transport mobile homes, etc. 1565 DEPARTMENT OF VETERANS SERVICE Director's title 2219 DEVELOPMENT AUTHORITIES LAW Amended 1162 DILLARD Boundary line agreementsState Farmers Market 2096 DISCOVERY Evidence in post judgment discovery proceedings 2000 DISPLACED HOMEMAKERS ADVISORY COUNCIL Created 2130 DISPOSITION OF SURPLUS BOOKS Procedure, etc. 911 DISPOSSESSORY PROCEEDINGS Procedure, etc. 938 DISTRICT'S ATTORNEYS Compensation 4 DISTRICT ATTORNEYS' RETIREMENT FUND Enacted 2173 DIVORCE AND ALIMONY Modification of permanent alimony judgments 2204 DOCTOR OR DR. Use of term regulated 2046 DOUGHERTY COUNTY Albany-Dougherty Hospital Authority, vacancies 4136

Page 5078

Board of county commissioners 3058 Probate judge's salary 3675 DOUGLASVILLE, CITY OF Ad valorem tax exemption, proposed amendment to the Constitution 2320 Elections 3335 DOWNTOWN MARIETTA DEVELOPMENT AUTHORITY ACT Amended 3642 DOWNTOWN WEST POINT DEVELOPMENT AUTHORITY Created 3785 DRIVER IMPROVEMENT ACT Enacted 2302 DRIVERS' LICENSE Members of the National Guard 2191 Reserve components of armed forces 2189 DRUG RELATED OBJECTS Crimes 2199 DRUG RELATED PRINTED MATERIAL Crimes 2195 DUBLIN, CITY OF New charter 3702 DUFFEY, WESLEY Compensation for damages 4601 E EARLY COUNTY Small claims court 3010 Tax commissioner's salary 3021 Terms of board of commissioners 3019 ECONOMIC DEVELOPMENT COUNCIL ACT Amended 1434

Page 5079

EDUCATION Adequate Program for Education in Georgia Act amended 917 , 1146 Adequate Program for Education in Georgia Act amended, adult educational programs 996 Adequate program for education act amended, transfer of sick and personal leave 990 Allotment of elementary instructional specialists 2034 Certification of teachers, etc. 2058 Classroom aides 2039 Community education activities 2040 Compensation of Boards in certain counties (18,500-19,000) 1049 Compensation of members of boards in certain counties (400,000-600,000) 1074 Coordination with other State Agencies 2037 Expenditures by county boards 1462 Funds for common schools 1726 Health insurance for public school employees 2268 Health insurance for retired public school teachers, proposed amendment to the Constitution 2435 Postsecondary Educational Authorization Act of 1978 1571 Salaries and expenses of members of boards of education in certain counties (300,000 or more) (600,000 or more) 3929 School law recodification committee 2113 EDUCATION, COUNTY BOARDS OF Compensation of board members, transportation of elderly 1446 Liability insurance 1955 EDUCATION, STATE BOARD OF Compensation 4 EDUCATIONAL IMPROVEMENT COUNCIL Quorum, etc. 1725 EDUCATIONAL SCHOLARSHIPS Article X of Constitution revised, proposed amendment to the Constitution 2505 EFFINGHAM COUNTY Additional judge of superior court 1050 ELBERT COUNTY Small claims court, cost 3337

Page 5080

ELBERTON, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments ELECTIONS Absentee ballots in certain counties (600,000 or more) 900 Boards of elections in certain counties (170,000-195,000) 3778 Boards of registrations and elections in certain counties (200,000-600,000) 3677 Campaign activities, etc. 1039 Georgia Election Code amended 1004 Members of boards of elections 1037 Municipal Election Code amended 1024 , 1025 Municipal Election Code amended, campaign activities 1042 Municipal Election Code amended, elections 1045 Places for registration 1023 Qualifications of registrars, etc. 1035 Recall elections, proposed amendment to the Constitution 2394 Selection of polling places 812 Substituted nominations 1781 Unopposed candidates 1979 Write-in candidates in special elections, proposed amendment to the Constitution 2515 ELECTIVE FRANCHISE Revised article of Constitution, proposed amendment to the Constitution 2365 ELECTRICAL CONTRACTORS Georgia Electrical Contractors Act amended 888 , 956 EMERGENCY MEDICAL SERVICES Department of Human Resources 1068 EMINENT DOMAIN Payment for private property taken for public transportation purposes, proposed amendment to the Constitution 2318 EMPLOYEES' RETIREMENT SYSTEM Amended 1463 Department of Public Safety 1440 Retirement with 30 years service 1652

Page 5081

EMPLOYMENT AGENCY ADVISORY COUNCIL Termination date 2097 EMPLOYMENT SECURITY LAW Amended 1386 ENERGY CONSERVATION BUILDING STANDARDS ACT OF 1978 Enacted 2212 ETHNIC EXTRACTION Insurance rates 1423 EVIDENCE Confidential communications between physicians and patients 1657 Privileged matters 2000 EXAMINING BOARDS Fees 1517 EXECUTIVE REORGANIZATION ACT OF 1972 Division of Vocational Rehabilitation 239 EXTRADITION Uniform Extradition Act amended, District of Columbia 1754 EYE REMOVAL Cornea and eye removal by medical examiners 811 F FAIR BUSINESS PRACTICES ACT OF 1975 Health spas 2001 FAIR EMPLOYMENT PRACTICES ACT OF 1978 Enacted 859 FAIR MARKET VALUE Defined for ad valorem tax purposes 1950

Page 5082

FAIRBURN, CITY OF Penalties for violating ordinances 4141 FAYETTE COUNTY Board of commissioners, elections 3399 Compensation of judge of probate court 4099 Compensation of sheriff 3443 Compensation of tax commissioner 3395 , 3930 Coroner placed on salary 3119 Expenses of board of commissioners 3393 Industrial building authority membership, proposed amendment to the Constitution 2339 Public Facilities Authority Act 3377 Salary of clerk of superior court 4167 Small claims court, qualifications of judge, etc. 3397 Supplement to judges of superior court and district attorney 879 Superior court terms, etc. 1481 FEDERAL INTERGOVERNMENTAL COOPERATION ACT Members 2066 FIDELITY BONDS State officials 1144 FINANCIAL INSTITUTIONS CODE OF GEORGIA Amended 1717 Amended, days of operation, etc. 1714 Amended, international Bank Agencies 1712 FIREMEN Indemnification with respect to death of firemen, proposed amendment to the Constitution 2437 FIRST OFFENDER ACT Amended 1621 FISCAL NOTE ACT OF 1975 Amended 907 FLOYD COUNTY See also Tabular Index County MattersHome Rule Actions Assistant district attorney 886

Page 5083

FOOD STAMPS Crimes 1964 FORECLOSURE OF MORTGAGE ON PERSONALTY Procedure amended 1705 FOREST RESEARCH COUNCIL Duties, etc. 2056 FORESTRY COMMISSION Herty Foundation 2055 Lease of land authorized 2161 FORSYTH, CITY OF Publication of notice to adopt ordinances 3552 FORSYTH COUNTY Airport Authority Act 3490 Civil Service System Act 3572 Compensation of named officers 3488 County administrator's salary 3384 Tax commissioner's salary 3486 FORT OGLETHORPE, TOWN OF Lakeview-Fort Oglethorpe-Catoosa County Stadium Authority, proposed amendment to the Constitution 2334 FOWLER, JERRY L. Compensation for damages 4593 FRANKLIN COUNTY Deputy sheriffs, etc. 3159 Small Claims Court 4412 FULTON COUNTY Assistant district attorneys 2170 Board of education pension fund, proposed amendment to the Constitution 2312 Branch offices for conducting county business, proposed amendment to the Constitution 2426 Civil service board Act amended 4669 County-wide library system 4651 Duties of tax commissioner 4617 Employees' pension Act amended 3823 , 4089

Page 5084

Employees' pensions 3402 Employees' retirement plan of 1978 3770 Homestead exemptions, proposed amendment to the Constitution 2367 Judges' and solicitor-generals' retirement fund act amended 4009 , 4011 Judges' and solicitors generals' retirement fund amended, surviving spouse 3757 Public garbage disposal systems 4632 Retirement and pension benefits, proposed amendment to the Constitution 2383 Seven member planning commission, proposed amendment to the Constitution 2411 Teachers' retirement system Act amended 3763 , 3765 , 3768 , 4015 Teachers' retirement plan of 1978 3759 Traffic engineering, proposed amendment to the Constitution 2421 Unified Atlanta-Fulton County Water and Sewer System Act 4637 Updating plan for unincorporated Fulton County, etc. 4628 FUNERAL SERVICES, STATE BOARD OF License fees 1359 Members 1002 G GAF CORPORATION Easement in Chatham County authorized 2100 GAINESVILLE, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Wards, voting places, etc. 3813 GAINESVILLE DEVELOPMENT AUTHORITY Created 4440 GAINESVILLE AND HALL COUNTY DEVELOPMENT AUTHORITY ACT Amended 3579 GAMBLING Commercial gambling 851

Page 5085

GAMBLING DEVICES Crimes, exceptions 1779 GAME AND FISH Boat Safety Act amended 1743 Code amended 816 , 1552 Honorary hunting and fishing licenses 935 Hunting licenses, etc. 2264 Killing of bears by owners of beehives 1755 Nonresident big game licenses 2290 GARBAGE Act regulating transportation of garbage amended 1911 GARDEN CITY Water systems and sewer facilities, referendum 4132 GASOLINE MARKETING PRACTICES ACT Amended 2249 GENERAL APPROPRIATIONS ACT Enacted 1165 GENERAL ASSEMBLY Act providing for review, etc. of regulatory agencies amended 2012 Compensation 4 Geo. L. Smith II Georgia World Congress Center Authority Overview Committee 1929 House of Representatives, districts 73, 78 1043 Review of Board of Occupational Therapy 1761 GEOLOGISTS EXAMINERS, STATE BOARD OF Termination date 2136 GEORGIA ADMINISTRATIVE PROCEDURE ACT Amended 1362 Amended, adoption of rules, etc. 1437 GEORGIA AIR QUALITY ACT OF 1978 Enacted 275 GEORGIA AUCTIONEERS COMMISSION Termination date 2106

Page 5086

GEORGIA BLASTING STANDARDS ACT OF 1978 Enacted 1624 GEORGIA BOARD OF ATHLETIC TRAINERS Effective date 2045 GEORGIA BOARD OF NURSING Disciplinary grounds, etc. 1635 GEORGIA BOARD OF OCCUPATIONAL THERAPY Review by General Assembly 1761 GEORGIA BOAT SAFETY ACT Amended 1743 GEORGIA BUILDING AUTHORITY Security of State Buildings and Facilities 850 GEORGIA BUREAU OF INVESTIGATION Narcotics agents 1646 GEORGIA CHILD CUSTODY INTRASTATE JURISDICTION ACT OF 1978 Enacted 1957 GEORGIA CIVIL DEFENSE ACT OF 1951 Amended 1600 GEORGIA CODE OF PUBLIC TRANSPORTATION Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 GEORGIA CONTROLLED SUBSTANCES ACT Amended 2237 GEORGIA CRIME INFORMATION CENTER Dissemination of information 1981 GEORGIA DRIVER IMPROVEMENT ACT Enacted 2302

Page 5087

GEORGIA EDUCATIONAL IMPROVEMENT COUNCIL Quorum, etc. 1725 GEORGIA ELECTION CODE Amended 1004 , 1781 Campaign activities, etc. 1039 , 1042 Members of boards of election 1037 Places for registration 1023 Qualifications of registrars, etc. 1035 Substituted nominations 1781 Unopposed candidates 1979 GEORGIA ELECTRICAL CONTRACTORS ACT Amended 888 , 956 GEORGIA FISCAL NOTE ACT OF 1975 Amended 907 GEORGIA FOREST RESEARCH COUNCIL Duties, etc. 2056 GEORGIA FORESTRY COMMISSION Lease of land authorized 2161 GEORGIA HEALTH CODE Amended 941 Amended, institution defined 1757 Habilitation of mentally retarded persons 1826 Hospitalization and treatment procedures 1789 Hospitalization, etc. of alcoholics, drug dependent individuals and drug abusers 1856 Individual sewage disposal system permits 1663 Powers of county boards of health 2031 GEORGIA HIGHER EDUCATION ASSISTANCE AUTHORITY Graduate and professional students 1687 GEORGIA INDUSTRIAL LOAN ACT Amended 1033 GEORGIA INSURANCE CODE Amended, policy provisions 1522 Amended, variable life insurance policies 1639

Page 5088

GEORGIA JUSTICE COURTS TRAINING COUNCIL ACT Enacted 894 GEORGIA LIMING MATERIALS ACT OF 1976 Amended 1506 GEORGIA MEDICAL ASSISTANCE ACT OF 1977 Amended 1520 GEORGIA MILITARY COLLEGE Board of trustees 4570 GEORGIA MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 1369 Amended, subrogation 2075 GEORGIA MUNICIPAL ELECTION CODE Amended 1024 , 1025 Elections 1045 Qualifications of registrars, etc. 1035 GEORGIA PEACE OFFICER STANDARDS AND TRAINING ACT Amended 992 , 1680 , 2299 GEORGIA PLANT FOOD ACT OF 1970 Amended 218 GEORGIA PORTS AUTHORITY Compensation of Board members 1383 GEORGIA PUBLIC ASSISTANCE ACT OF 1965 AMENDED Fraud in obtaining public assistance 994 GEORGIA PUBLIC REVENUE CODE Enacted 309 GEORGIA REAL ESTATE COMMISSION Additional member 953

Page 5089

GEORGIA RECORDS ACT Amended 1372 GEORGIA RESIDENTIAL FINANCE AGENCY ACT Amended 1541 GEORGIA RESIDENTIAL FINANCE AUTHORITY Members, terms, etc. 1543 GEORGIA RETAILERS' AND CONSUMERS' SALES AND USE TAX ACT Amended 1160 , 1664 Amended, exemptions 1634 Amended, local option taxes 1695 Building materials 1678 Refunds of tax with respect to solar energy equipment 1666 GEORGIA SAFE DAMS ACT OF 1978 Enacted 795 GEORGIA SCHOOL LAW RECODIFICATION COMMITTEE Created 2113 GEORGIA SPORTS HALL OF FAME Created 2306 GEORGIA STATE COMMISSION OF INDIAN AFFAIRS ACT Amended 979 GEORGIA TAX REFORM COMMISSION Created 1076 GEORGIA WATER QUALITY CONTROL ACT Approval of projects, etc. 2245 GILMER COUNTY Compensation of deputy clerk of superior court 4438 Salary, etc. of county commissioner 4435

Page 5090

GLYNN COUNTY Compensation of deputies of judge of probate court 4355 Sheriff's personnel, etc. 4425 Terms of superior court 878 GLYNN COUNTY, STATE COURT OF Compensaton of clerk, etc 4357 GOLDEN ISLES HIGHWAY AND GOLDEN ISLES CONNECTOR Designated 2138 GORDON COUNTY Additional judge of superior court 959 GOVERNOR Compensation 4 Rewards for arrest, etc. of felons 2033 GOVERNOR'S VETO Governor's veto, proposed amendment to the Constitution 2516 GRADY COUNTY Additional judge of superior court 975 Sheriff's salary, etc. 3171 Small claims court 4247 GRAND JURIES Alternate grand jurors 906 Recording of proceedings in certain counties (200,000 or more) 909 Revision of grand jury lists 1611 GRATES Installation on public roadways regulated 257 GRAVES, MRS. AMILEE C. Commended, portrait and plaque authorized 4585 GREENE COUNTY Airport Authority Act 3223 Probate judge's salary 3221

Page 5091

GREENSBORO, CITY OF New charter 3932 GRIFFIN INDUSTRIAL BUILDING AUTHORITY Name changed, etc. 4151 GRIFFIN JUDICIAL CIRCUIT Supplement to judges and district attorney 879 Terms, etc. 1481 GUARDIAN AND WARD Hearings, counsel, etc. 1531 GWINNETT COUNTY See also Tabular IndexCounty MattersHome Rule Actions Compensation of members of board of education, proposed amendment to the Constitution 2361 Expense allowances for board of education members 3606 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2362 Recorder's court 3437 Salary of clerk of superior court 3613 H HABEAS CORPUS Special clerks in certain judicial circuits, etc. 2051 HABERSHAM COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2444 Small claims court created 3541 HABERSHAM COUNTY, STATE COURT OF Solicitor's secretary 3608 HALL COUNTY See also Tabular IndexCounty MattersHome Rule Actions Commissioner districts, etc. 3802 Gainesville and Hall County Development Authority Act amended 3579 Superior court clerk's bond, etc. 3570 Water and sewer districts 3538

Page 5092

HALL COUNTY, STATE COURT OF Solicitor's salary, etc. 3531 HALL OF FAME Georgia Sports Hall of Fame created 2306 HANCOCK COUNTY Jurisdiction of small claims court 3435 HARALSON COUNTY County commissioner's salary 3346 Treasurer's salary 4410 HARRIS COUNTY Small claims court jurisdiction 3683 HART COUNTY Board of commissioners created, referendum 3177 HEALTH Hearing screening of infants 1726 HEALTH CODE Amended 941 Habilitation of mentally retarded persons 1826 Hospitalization, etc. of alcoholics, drug dependent individuals and drug abusers 1856 Hospitalization and treatment procedures 1789 Institution defined 1757 Powers of county boards of health 2031 HEALTH INSURANCE State employees 1927 HEALTH SPAS Fair business practices act amended 2001 HEARD COUNTY Commissioner's salary 3244 Compensation of tax commissioner, etc. 3239 Probate judge's salary 3251 Salary of clerk of superior court 3255 Sheriff's compensation 3242

Page 5093

HEARING AID DEALERS AND DISPENSERS Licenses, etc. 1728 HERTY FOUNDATION Assigned to Forestry Commission for administrative purposes 2055 HIGHER EDUCATION ASSISTANCE AUTHORITY Graduate and professional students 1687 HIGHER EDUCATION ASSISTANCE ACT FOR SENIOR CITIZENS Enacted 2021 HISTORIC CHATTAHOOCHEE COMPACT Enacted 1497 HODGES, GENERAL COURTNEY HICKS Building designated 4607 HOLDER, MS. JANET Compensation for damages 4590 HOME SOLICITATION SALES ACT Amended 1455 HOSCHTON, CITY OF New charter 4323 HOSPITAL AUTHORITIES Functions and powers 1970 Removal of members 2009 Vacancies 1974 HOSPITALS Time for filing liens 1371 Time limit for review of requests for staff privileges 1969 HOUSE OF REPRESENTATIVES Districts 73, 78 1043

Page 5094

HOUSING Unlawful practices in sale, lease, etc. of housing 1593 HOUSING AUTHORITIES Public meetings 1364 HOUSTON COUNTY Arbitration board, proposed amendment to the Constitution 2453 Coroner's compensation 4054 HUMAN RESOURCES, DEPARTMENT OF Emergency medical services 1068 Prevention of mental retardation, etc. 2262 Reports of child abuse 2059 HUNTING AND FISHING LICENSES Honorary 935 HUNTING LICENSES Education, etc. 2264 Non-resident big game licenses 2290 I INDIAN AFFAIRS Commission of Indian Affairs Act amended 979 INDUSTRIAL LOAN ACT Amended 1033 INDUSTRY AND TRADE, BOARD OF Member's compensation 4 Membership on board 996 INDUSTRY AND TRADE, DEPARTMENT OF Music Reading Industry Advisory Committee 2014 INFANTS Hearing screening 1726 INSURANCE Accident and sickness insurance policies 1149

Page 5095

Boards of education liability insurance 1955 Brokers' quarterly affidavit 2025 Group accident and sickness insurance, preexisting conditions 2036 Indemnity insurance for municipalities and counties 1380 Interest on life insurance 2297 Liability insurance covering State-owned vehicles 256 Motor Vehicle Accident Reparations Act amended 1369 Notification of cancellation, etc. 2017 Policy provisions 1522 Products liability carriers 2023 Rate filings 2073 Rates not to be based on race, creed or ethnic extraction 1423 Unfair trade practices 2016 Uninsured motorist coverage 1895 Variable life policies 1639 INSURANCE CODE Amended, confidential information 215 Amended, insurance rates 1936 INTANGIBLE PROPERTY Ad valorem tax, proposed amendment to the Constitution 2381 INTERFERENCE WITH CUSTODY Crimes 1420 INTERGOVERNMENTAL COOPERATION ACT Amended 2293 INTOXICATING BEVERAGES Limit on transportation of non tax paid malt beverages 1424 IRELAND, TOM E. Compensation for damages 4605 IRON CITY, TOWN OF Compensation of mayor and aldermen 3695 J JACKSON COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2471

Page 5096

JEFF DAVIS COUNTY Terms of superior court 878 JEFFERSON, CITY OF Mayor 4256 JEKYLL ISLANDSTATE PARK AUTHORITY Membership 2043 JENKINS COUNTY Additional judge of superior court 1050 JESUP, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments JOINT BOARD OF FAMILY PRACTICE ACT Amended 923 JOINT STOP DRUGS AT THE SOURCE STUDY COMMITTEE Created 2111 JONES COUNTY Taxation for use of development authority, proposed amendment to the Constitution 2337 JURIES Electronic or mechanical selection 1377 Procedure for excusing jurors 1379 Revision of jury lists 1611 JURORS' OATHS Criminal cases 910 JURY DUTY Persons 65 years of age or older 221 JUSTICE COURTS TRAINING COUNCIL ACT Enacted 894 JUVENILE COURT CODE Amended, records 1512

Page 5097

JUVENILE COURTS Transfer of cases to other courts 1758 K KLEINHANS, MS. PAT Compensation for damages 4596 L LABOR COMMISSIONER Compensation 4 Employment of children 2208 LABOR, DEPARTMENT OF Annual report 9 Employment Security Law amended 1386 LAKEVIEW-FORT OGLETHORPE-CATOOSA COUNTY STADIUM AUTHORITY Bonds, proposed amendment to the Constitution 2334 LANDLORD AND TENANT Dispossessory proceedings, etc. 938 LANDSCAPE ARCHITECTS Exceptions to Act 1526 LANIER COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2352 LAURENS COUNTY Probate judge's salary 4463 LAVONIA, CITY OF Elections 4240 LAW ENFORCEMENT OFFICERS Indemnification for deaths of certain law enforcement officers, etc. 1914 Indemnification with respect to death of law enforcement officers, proposed amendment to the Constitution 2437 Witness fees 925

Page 5098

LAW SCHOOL PUBLIC PROSECUTOR ACT Amended 1949 LEE COUNTY Salary of sheriff, etc. 3512 LIBERTY COUNTY Salary of clerk of probate court 4061 Salary of clerk of superior court, deputies 4058 Sheriff's salary 3834 LIBERTY INDEPENDENT TROOP CORPORATION Land conveyance authorized 1079 LIBRARIAN, STATE Reports of public documents 2288 LIBRARIANS State Board for Certification of Librarians Act amended 918 LIBRARIES Library facilities in certain counties (600,000 or more), proposed amendment to the Constitution 2418 LIENS Materials defined 243 Tax liens 1778 Time for filing hospital liens 1371 LIEUTENANT GOVERNOR Compensation 4 LIFE INSURANCE See also Insurance Interest 2297 LIMING MATERIALS ACT OF 1976 Amended 1506 LINCOLN COUNTY Clerk of superior court placed on salary basis 4395 Compensation of board of commissioners 4387

Page 5099

Compensation of sheriff 4401 Compensation of tax commissioner 4398 Judge of probate court placed on salary basis 4392 Jurisdiction of small claims court 3357 Treasurer's compensation 4403 LINCOLNTON, CITY OF Temporary loans 4385 LITHONIA, CITY OF Homestead exemptions, proposed amendment to the Constitution 2375 LIVESTOCK Special sales 1467 LIVESTOCK AUCTIONS Manner of making payments 2061 LOCAL HOUSING AUTHORITIES Public meetings 1364 LONG COUNTY Compensation of clerk of board of commissioners 3830 Compensation of deputy clerk of superior court 3825 Deputy sheriffs 4063 Salary of clerk of probate court 3858 Salary of sheriff's clerk 4067 Tax commissioner's compensation, etc. 3828 LONG COUNTY, STATE COURT OF Solicitor's salary 4065 LOOKOUT MOUNTAIN JUDICIAL CIRCUIT Additional judge 949 LOTTERIES Nonprofit bingo games, proposed amendment to the Constitution 2392 LOWNDES COUNTY Probate judge's salary 3619 Regulation of itinerant businesses, proposed amendment to the Constitution 2333

Page 5100

Salary of clerk of superior court 3624 Sheriff's compensation, etc. 3005 Street improvements, etc. in unincorporated areas, proposed amendment to the Constitution 2446 Tax commissioner's compensation 3616 LYONS, CITY OF Mayor's term of office, special elections 3037 M MACON, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Firemen and police pension fund, proposed amendment to the Constitution 2311 Homestead exemptions, proposed amendment to the Constitution 2357 Office of tax commissioner created, referendum 4217 MALT BEVERAGES Limit on transportation of non-tax paid malt beverages 1424 MARIETTA, CITY OF Charter amended 3782 Downtown Marietta Development Authority Act amended 3642 Lease of land extended 2147 MARION COUNTY Tax commissioner's clerk 4423 MARRIAGE Premarital physical examinations act amended 936 MARTIN, MRS. GEORGE ELLIS Compensation for damages 4597 MATERIALMEN'S LIENS Materials defined 243 MATERNAL AND INFANT HEALTH Council membership 1763

Page 5101

McDUFFIE COUNTY Board of commissioners, elections, etc. 3658 Board of education, referendum 3666 MEDICAL ASSISTANCE ACT OF 1977 Amended 1520 MEDICAL COLLEGE OF GEORGIA Clinical training program 1381 MEDICAL EDUCATION BOARD Created, etc. 964 MEDICAL EDUCATION, STATE BOARD OF Members compensation 4 MEDICAL EXAMINERS Cornea and eye removal 811 MEDICAL MALPRACTICE CLAIMS Arbitration Code 2270 MEDICAL SERVICES, EMERGENCY Department of Human Resources 1068 MENTAL HEALTH FACILITIES Voluntary patients, etc. 1567 MENTAL RETARDATION Program to prevent 2262 MERIWETHER COUNTY Salary Act amended 3557 METROPOLITAN ATLANTA RAPID TRANSIT SYSTEM Easement authorized 2117 State Properties Commission Resolution amended 2126 MILEAGE ALLOWANCE State employees 1786 , 1894

Page 5102

MILLEDGEVILLE, CITY OF Corporate limits 3412 MITCHELL COUNTY Additional judge of superior court 975 MOBILE HOMES Permits to transport, etc. 1565 Return for taxation, etc. 930 , 1459 MOLENA, CITY OF Terms, etc. of mayor and aldermen 4224 MONROE COUNTY Powers of grand jury, proposed amendment to the Constitution 2345 Sheriff's compensation, etc. 3555 MONTGOMERY COUNTY Sheriff's secretary 3189 MOPEDS Operation, etc. regulated 2241 MORGAN COUNTY Small claims court created 3229 MORROW, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments MORTGAGES Foreclosure on personalty 1705 MOTOR CARRIERS Registration cards, etc. 1609 MOTOR FUEL TAX LAW Amended 186 MOTOR VEHICLE ACCIDENT REPARATIONS ACT Amended 1369 Subrogation 2075

Page 5103

MOTOR VEHICLE, FARM MACHINERY AND CONSTRUCTION EQUIPMENT FRANCHISE PRACTICES ACT Amended 1505 MOTOR VEHICLES Abstracts of drivers' operating records 920 Alteration of maximum speed limits regulated 1967 Cash appearance bonds 1493 Devices which impair hearing or vision prohibited 1601 Driver Improvement Act 2302 Duplicate registration certificates 901 Free motor vehicle license plates for members of the Active Reserve 2205 Liability insurance covering State-owned vehicles 256 License plate fees 2210 License plates for deaf persons 1653 Mopeds 2241 Operators' licenses 927 , 1655 Operator permit exemptions 931 Radar speed detection devices regulated 2254 , 2256 Regulation of radar speed detection devices 1968 Reports of accidents 1494 Safety responsibility act amended, bonds 1527 School bus speed limits 2065 Sheriffs' license plates 1530 Suspension of drivers' licenses 1452 Uniform Rules of the Road amended 1483 Uninsured motorist insurance coverage 1895 MT. ZION, CITY OF New charter 4171 MOUNTAIN VIEW, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Charter repealed 3003 MUNICIPAL ELECTION CODE Amended 1024 , 1025 Campaign activities, etc. 1042 Elections 1045 Qualifications of registrars, etc. 1035 MUNICIPAL HOME RULE ACT OF 1965 Amended as to annexation in certain counties (more than 600,000) 4667

Page 5104

MUNICIPALITIES Aid to police and fire departments by Department of Public Safety 254 Employees pension act in certain municipalities amended 4013 Indemnity insurance 1380 Redevelopment powers, proposed amendment to the Constitution 2386 Resource Recovery Development Authorities Law 1898 Sale of real properfy 890 Taxes 2008 MUSCOGEE COUNTY Recorder's court judge's salary 4461 MUSCOGEE COUNTY, STATE COURT OF Salaries of solicitor and assistant 4113 MUSIC RECORDING INDUSTRY ADVISORY COMMITTEE Created 2014 N NANTZ, WILSON A. Compensation for damages 4599 NASHVILLE, CITY OF New charter 4017 NATURAL RESOURCES, BOARD OF Members compensation 4 NATURAL RESOURCES, DEPARTMENT OF Retirement of rangers, etc. 1463 NEWNAN, CITY OF Powers of board of water, sewerage and light commissioners, proposed amendment to the Constitution 2347 NEWTON COUNTY Additional superior court judge 1064 Water and Sewerage Authority Act amended 3655

Page 5105

NON-PROFIT BINGO Licensing, etc. 853 NONPROFIT CONTRACTORS State contracts 1547 NORRIS, HAROLD Compensation for damages 4600 NORTH GEORGIA COLLEGE Tuition grants 1385 NORTHEN, GOVERNOR WILLIAM J. Loan of portrait to Blue and Gray Museum 2078 NURSING, GEORGIA BOARD OF Disciplinary grounds, etc. 1635 O OATHS Jurors oaths in criminal cases 910 OCILLA, CITY OF Corporate limits 3418 OFFENDER REHABILITATION, BOARD OF Member's compensation 4 OFFENDER REHABILITATION ACT Amended 1647 OGEECHEE JUDICIAL CIRCUIT Additional judge 1050 OMNI INTERNATIONAL, INC Amendment of lease authorized 2079 OMNI INTERNATIONAL, LTD Amendment of lease authorized 2079

Page 5106

OPTICIANS State Board of Dispensing Opticians, membership 1960 P PALMETTO, CITY OF Charter amended 4142 PARDONS AND PAROLES BOARD Member's compensation 4 PARENT AND CHILD Change of name of minors, consent of and service on parents 1365 Uniform Child Custody Jurisdiction Act enacted 258 PAULDING COUNTY Board of commissioners, recall elections 4129 Civil service system, proposed amendment to the Constitution 2431 Compensation of commissioners 4458 PAUPERS Burial expense in certain counties (12,950-13,150) 1048 PEACE OFFICERS Indemnification for deaths of certain law enforcement officers 1914 Standards and Training Act amended 992 , 1680 , 2299 PEACE OFFICERS' ANNUITY AND BENEFIT FUND ACT Peace officer defined 1921 PEACE WARRANTS Procedure, etc. 1925 PEEPLES, NANCY B. Compensation for damages 4594 PELHAM DEVELOPMENT AUTHORITY Lease of land authorized 877

Page 5107

PENALTY ASSESSMENTS IN CRIMINAL CASES Authorized, proposed amendment to the Constitution 2310 PERRY, CITY OF Taxes 3257 PERSONNEL BOARD, STATE Health insurance for public school employees 2268 Members' compensation 4 PHARMACISTS Licenses, etc. 1668 PHARMACY, STATE BOARD OF Membership, examinations 1962 PHYSICAL FITNESS, STATE COMMISSION Created 814 PHYSICIANS Institutional Licenses 223 PHYSICIANS AND PATIENTS Confidential communications 1657 PICKENS COUNTY Compensation of county commissioners 3352 Probate judge's salary 3353 Salary of clerk of superior court 3350 Sheriff's salary 3837 Tax commissioner's salary 3355 PIKE COUNTY Ad valorem tax returns, proposed amendment to the Constitution 2405 Compensation of board of commissioners 4230 Jurisdiction of small claims court 3846 Salary Act of Clerk of County Commissioners repealed 3122 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879

Page 5108

PISTOLS License to carry 1607 PLAINS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments PLANNING COMMISSIONS ACT Amended 1709 PLANNING AND PROGRAMMING BUREAU Act amended 1592 PLANT FOOD ACT OF 1970 Amended 218 PLUMBING Members of State Board of Examiners of Plumbing Contractors 1001 PLUMBING FIXTURES Use of certain fixtures prohibited 914 PODIATRY Defined 1454 POLICE POWERS Revenue special agents, etc. 1490 POLK COUNTY Jurisdiction of justices of the peace, proposed amendment to the Constitution 2346 POLLING PLACES Selection 812 POOLER, TOWN OF Office of recorder abolished 3246 PORTERDALE, TOWN OF New charter 3448

Page 5109

PORTS AUTHORITY Compensation of board members 1383 POSTSECONDARY EDUCATIONAL AUTHORIZATION ACT OF 1978 Enacted 1571 PRACTICE AND PROCEDURE Arbitration Code amended 2270 PREMARITAL PHYSICAL EXAMINATIONS ACT Amended 936 PRESIDENTIAL ROUTE Designated 2103 PRISON GUARDS Indemnification with respect to death of prison guards, proposed amendment to the Constitution 2437 PRIVATE COLLEGES AND UNIVERSITIES FACILITIES AUTHORITY Created 1765 PRIVATE CLUBS Sale of alcoholic beverages 1155 PRIVATE DETECTIVE AND PRIVATE SECURITY AGENCIES ACT Amended 1515 PRIVATE WAYS Payment for private property taken for public transportation purposes, proposed amendment to the Constitution 2318 PROBATE COURTS Compensation of judges in certain counties (10,400-10,650) 4406 Costs 1939 Disqualifications of judges, clerks 891 Judges' bonds 1038 Judges' salaries 1953

Page 5110

PROBATE OF WILLS Notice of motion to probate in solemn form 1605 PRODUCTS LIABILITY INSURANCE Reports to Insurance Commissioner, etc. 2023 PROPERTIES COMMISSION, STATE See also Tabular IndexResolutions authorizing land conveyances Compensation of members 1047 PROPERTY Interfering, damaging, etc., crimes 1658 PROSECUTING ATTORNEYS' COUNCIL Training courses 2028 PSYCHOLOGISTS, APPLIED Licenses, etc. 1686 PUBLIC ASSISTANCE ACT OF 1965 Amended, fraud in obtaining public assistance 994 PUBLIC DOCUMENTS Reports by State librarian 2288 PUBLIC HOSPITALS Time limit to review requests for staff privileges 1969 PUBLIC REVENUE Ad valorem tax exemption in certain counties (600,000 or more), proposed amendment to the Constitution 2397 , 2522 Ad valorem tax on certain livestock, proposed amendment to the Constitution 2385 Ad valorem tax on intangible property, proposed amendment to the Constitution 2381 Alcoholic beverage licenses, etc. 1426 Alcoholic beverage retail licenses 1376 Classification of property for taxation 1448 Compromise of income tax penalty cases 1469 County board of tax assessors created in certain counties (600,000 or more) 4609 County taxes 2006

Page 5111

Dependent defined for income tax purposes 1471 Fair market value defined 1950 Free motor vehicle license plates for members of the Active Reserve 2205 Homestead exemptions for certain disabled veterans, proposed amendment to the Constitution 2399 Income tax act amended 1456 Income tax returns of taxpayers who die within taxable year 1444 Inspection of certain tax returns permitted 1603 License plates for deaf persons 1653 Liens for taxes 1778 Motor carrier registration cards, etc. 1609 Motor vehicle license plate fees 2210 Municipal taxes 2008 Police powers of special agents, etc. 1490 Refunds for tax stamps on alcoholic beverages 1645 Refunds of sales and use tax, solar energy equipment 1666 Return of mobile homes for taxation, etc. 1459 Revenue Code enacted 309 Reports of assessments and arbitration, etc. 1604 Sales and use taxes, local option taxes 1695 Sales and use tax act amended 1160 , 1460 , 1664 Sales and use tax amended, exemptions 1634 Sales and use tax, building materials 1678 Sales and use tax, local sales tax 1429 Sale of alcoholic beverages by private clubs in certain counties (32,500-32-800) 1550 Sale of alcoholic beverages in private clubs 1155 Sale of alcoholic beverages in certain counties (9,705-9,905) 1562 Secrecy of income tax returns 1748 Tax returns and payments in certain counties (600,000 or more), proposed amendment to the Constitution 2406 Tax returns in certain counties (10,450-10,650) 1700 Tax returns in certain counties (13,650-14,750) 3591 Withholding and estimated tax provisions amended 982 PUBLIC ROADWAYS Installation of grates regulated 257 PUBLIC SAFETY, DEPARTMENT OF Abstracts of driver's operating records 920 Aid to municipal police and fire departments 254 Cash appearance bonds 1493 Motor vehicle operator's licenses 1655

Page 5112

Retirement 1440 Security of certain State buildings and facilities 850 Suspension of drivers' licenses 1452 PUBLIC SERVICE COMMISSION Members' compensation 4 PUBLIC TRANSPORTATION, CODE OF Airport licensing 1932 Axle weight 1965 Load limits, etc. 1989 Ride sharing projects 1473 PULASKI COUNTY Deputy sheriffs 3056 Land conveyance 2155 PURCHASING, STATE Procedure amended 1054 PUTNAM COUNTY Compensation of board of commissioners 3409 R RABUN COUNTY County school superintendent, referendum 3427 Election of members of board of education, referendum 3430 RACE Insurance rates 1423 RADAR SPEED DETECTION DEVICES Use regulated 1968 , 2254 , 2256 RANDOLPH COUNTY Compensation of board of commissioners 3023 Salary of deputy sheriff 3027 Sheriff's expenses 3025 REAL ESTATE Brokers, salesmen, etc. 231

Page 5113

REAL ESTATE COMMISSION Additional member 953 REAL PROPERTY Recordation of deeds by clerks of superior courts 1654 Recording of maps, plats, etc. by superior court clerks 1616 Sale by municipalities 890 RECORDED MATERIAL Unauthorized reproduction 1938 RECORDS Georgia Records Act amended 1372 REFUNDS Fraudulent attempts to obtain refunds, crimes 1985 REGENTS OF UNIVERSITY SYSTEM Members compensation 4 Scholarships 958 REIDSVILLE, CITY OF New charter 3273 REMERTON, CITY OF Charter amended 3687 RENTZ, CITY OF New charter 3124 RESIDENTIAL FINANCE AGENCY ACT Amended 1541 RESIDENTIAL FINANCE AUTHORITY Members, terms, etc. 1543 RESOURCE RECOVERY DEVELOPMENT AUTHORITIES LAW Enacted 1898 RETAIL INSTALLMENT AND HOME SOLICITATION SALES ACT Amended 1455

Page 5114

RETIREMENT See also name of retirement system Actuarial investigations, etc. in certain municipalities (more than 150,000) 4504 , 4506 Actuarial investigations, etc. of police retirement systems in certain municipalities (more than 150,000) 4507 Article X of Constitutional revised, proposed amendment to the Constitution 2505 Paid fire department pension system Act amended for certain municipalities (more than 300,000) 4508 Pension system for officers and employees of certain municipalities amended (more than 300,000) 4546 Police department pension system Act for certain municipalities amended (more than 300,000) 4527 REVENUE Ad valorem tax exemption in certain counties (600,000 or more), proposed amendment to the Constitution 2397 , 2522 Ad valorem tax on certain livestock, proposed amendment to the Constitution 2385 Ad valorem tax on intangible property, proposed amendment to the Constitution 2381 Alcoholic beverage licenses, etc. 1426 Alcoholic beverage retail licenses 1376 Classification of property for taxation 1448 Compromise of income tax penalty cases 1469 County boards of tax assessors created in certain counties (600,000 or more) 4609 County taxes 2006 Dependent defined for income tax purposes 1471 Fair market value defined 1950 Free motor vehicle license plates for members of the Active Reserve 2205 Homestead exemption for certain disabled veterans, proposed amendment to the Constitution 2399 Income tax act amended 1456 Income tax returns of taxpayers who die within taxable year 1444 Inspection of certain tax returns permitted 1603 License plates for deaf persons motor vehicles 1653 Liens for taxes 1778 Motor carrier registration cards, etc. 1609 Motor Fuel Tax Law amended 186 Motor vehicle duplicate registration certificates 901 Motor vehicle license plate fees 2210 Municipal taxes 2008 Police powers of special agents, etc. 1490 Public Revenue Code enacted 309

Page 5115

Refunds for tax stamps on alcoholic beverages 1645 Refunds of sales and use tax, solar energy equipment 1666 Reports of assessments and arbitration, etc. 1604 Return of mobile homes for taxation 930 , 1459 Sale, etc. of alcoholic beverages in certain counties (170,000-195,000) 932 Sale of alcoholic beverages in certain counties (9,705-9,905) 1562 Sale of alcoholic beverages by private clubs in certain counties (32,500-32,800) 1550 Sale of alcoholic beverages in private clubs 1155 Sales and Use Tax Act amended 1160 , 1460 , 1664 Sales and use tax, building materials 1678 Sales and use tax amended, exemptions 1634 Sales and use tax, local option taxes 1695 Sales and use tax, local sales tax 1429 Secrecy of income tax returns 1748 Tax refund statute of limitations 928 Tax returns and payments in certain counties (600,000 or more), proposed amendment to the Constitution 2406 Tax returns in certain counties (10,450-10,650) 1700 Tax returns in certain counties (13,650-14,750) 3591 Withholding and estimated tax provisions amended 982 REVENUE BOND LAW Amended 2062 REVENUE COMMISSIONER Compensation 4 REVENUE, DEPARTMENT OF Retirement of alcoholic and tobacco agents 1463 REVIEW OF REGULATORY AGENCIES Act amended, audits 2012 REWARDS Arrest, etc. of felons 2033 RICHMOND COUNTY See also Tabular Index County MattersHome Rule Actions Augusta-Richmond County Coliseum Authority Act Amended, sales taxes 4673 Deputy sheriffs 3205 Expenses of collecting ad valorem taxes for school purposes 3779

Page 5116

Garbage disposal, proposed amendment to the Constitution 2355 Richmond CountyCity of Augusta Service District Study 3115 RICHMOND COUNTY, CIVIL COURT OF Judges, marshal 3341 RINCON, TOWN OF New charter 3307 RINGGOLD, CITY OF Land conveyance 2153 RIVERS Scenic rivers act of 1969 amended 2207 ROCKDALE COUNTY Board of Commissioners, audits 3855 Magistrate's court 3907 Recall elections, proposed amendment to the Constitution 2450 Tax commissioner's compensation 3832 ROCKMART, CITY OF Elections 4102 ROL, INC. Land exchange authorized 2163 ROME JUDICIAL CIRCUIT Assistant district attorney 886 ROSWELL, CITY OF Homestead exemption, proposed amendment to the Constitution 2430 RULES OF THE ROAD Devices which impair hearing or vision 1601 S SAFE DAMS ACT Georgia Safe Dams Act of 1978 795

Page 5117

ST. MARYS, CITY OF Easement 2156 SANITARY LANDFILLS Regulated in certain counties (600,000 or more), proposed amendment to the Constitution 2413 SAVANNAH BEACHTYBEE ISLAND, CITY OF Name changed to City of Tybee Island 4093 SAVANNAH, CITY OF See also Tabular IndexMunicipalitiesHome Rule Amendments Chatham County and City of Savannah school system, proposed amendment to the Constitution 2351 Commissioner for the poor 3535 Corporate limits, referendum 3998 Homestead exemption for school tax purposes, proposed amendment to the Constitution 2448 SAVANNAH, MUNICIPAL COURT OF Abolished, referendum 4466 SCENIC RIVERS ACT OF 1969 Amended 2207 SCHLEY COUNTY Small claims court act repealed 3685 SCHOLARSHIP COMMISSION, STATE Members' compensation 4 SCHOOL BUSES Speed Limits 2065 Uniform Act regulating traffic on highways amended 1367 SCONYERS, GRADY M. AND MRS. CORTEZ H. Land conveyance authorized 2128 SCREVEN COUNTY Additional judge of superior court 1050 Small claims court 4116

Page 5118

SEARCHES AND SEIZURES Disposition of articles obtained in searches and seizures 2260 SECRETARY OF STATE Compensation 4 SELECT COMMITTEE ON CONSTITUTIONAL REVISION Amended 2134 SEMINOLE COUNTY Compensation of board of commissioners 3076 Salary of clerk of superior court 3072 Sheriff's salary 3074 SENIOR CITIZENS Higher Education Assistance Act for Senior Citizens 2021 SERVICES FOR THE AGED STUDY COMMITTEE Created 2107 SEWAGE DISPOSAL SYSTEMS Permits for individual systems 1663 SEXUAL EXPLOITATION OF CHILDREN Crimes 2193 SHARPSBURG, CITY OF New charter 4258 SHERIFFS Compensation in certain counties (185,000-190,000) 4095 Indemnification for deaths of certain law enforcement officers 1914 Motor vehicle license plates 1530 Qualifications 244 Retirement Fund of Georgia Act amended 904 Salaries in certain counties (10,450-10,650) 3537 SHERIFFS' RETIREMENT FUND OF GEORGIA Benefits 1690 Secretary-treasurer 1688

Page 5119

SHOPLIFTING Crime, etc. 2257 SKY VALLEY, CITY OF Incorporated 4292 SMALL CLAIMS COURTS Amended in certain counties (7,040-7,055) 3514 Created in certain counties (18,358-19,148) (19,500-19,700) 3821 SMITH, GEO. L., II WORLD CONGRESS CENTER AUTHORITY OVERVIEW COMMITTEE Created 1929 SMYRNA, CITY OF Corporate limits, salaries, etc. 4162 SOLAR EASEMENT ACT OF 1978 Enacted 2076 SOUTH GEORGIA JUDICIAL CIRCUIT Additional judge 975 SPALDING COUNTY Board of commissioners, salaries 3853 Coroner's compensation 3196 Fire protection districts 3198 Ordinances, proposed amendment to the Constitution 2315 Small Claims Court Act amended 3506 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879 SPALDING COUNTY, STATE COURT OF Terms 3441 SPECIAL ADULT OFFENDER ACT OF 1975 Repealed 1999 SPEECH PATHOLOGY AND AUDIOLOGY Act amended 1474

Page 5120

SPEED LIMITS Alteration regulated 1967 SPORTS HALL OF FAME Created 2306 STATE ALCOHOLISM ADVISORY COUNCIL Defined 2048 STATE AUDITOR Audits of regulatory agencies for General Assembly review 2012 Compensation 4 Report of salaries, etc. of State personnel 220 STATE AUTHORITIES STUDY COMMITTEE Created 2152 STATE BOARD FOR THE CERTIFICATION OF LIBRARIANS ACT Amended 918 STATE BOARD OF CORRECTIONS Act amended 985 STATE BOARD OF DISPENSING OPTICIANS Membership 1960 STATE BOARD OF EXAMINERS OF PLUMBING CONTRACTORS Members 1001 STATE BOARD OF FUNERAL SERVICES License fees 1359 Members 1002 STATE BOARD OF GEOLOGISTS EXAMINERS Termination date 2136 STATE BOARD OF PHARMACY Membership, examination 1962

Page 5121

STATE BOARD OF REGISTRATION FOR PROFESSIONAL SOIL CLASSIFIERS Termination date 2099 STATE BOARD OF WORKERS' COMPENSATION Act amended 2220 STATE BUILDING ADMINISTRATIVE BOARD Termination date 2098 STATE COMMISSION OF INDIAN AFFAIRS ACT Amended 979 STATE COMMISSION OF PHYSICAL FITNESS Created 814 STATE CONTRACTS Non-profit contractors 1547 STATE COURT OF CLAYTON COUNTY Judge's salary 3581 STATE COURT OF COBB COUNTY Additional judge 3253 Magistrates 4096 STATE COURT OF GLYNN COUNTY Compensation of clerk, etc. 4357 STATE COURT OF HABERSHAM COUNTY Solicitor's secretary 3608 STATE COURT OF HALL COUNTY Solicitor's salary, etc. 3531 STATE COURT OF LONG COUNTY Solicitor's salary 4065 STATE COURT OF MUSCOGEE COUNTY Salaries of solicitor and assistant 4113

Page 5122

STATE COURT OF SPALDING COUNTY Terms 3441 STATE COURT OF STEPHENS COUNTY Salaries 3156 STATE COURT OF SUMTER COUNTY Compensation of judge and solicitor 3344 STATE COURT OF THOMAS COUNTY Judge's salary 3259 Solicitor's salary 3262 STATE COURT OF TROUP COUNTY Salaries 3211 STATE COURT OF WAYNE COUNTY Solicitor's salary, secretarial allowance, etc. 4071 STATE COURTS Peace warrants 1924 STATE EMPLOYEES Automobile mileage allowance 1786 , 1894 Certain professionals exempted from self-dealing prohibition 1977 Fair Employment Practices Act of 1978 859 Health insurance plan 1927 STATE EXAMINING BOARDS Compensation of members 4 Fees 1517 STATE HOUSING AUTHORITIES Public meetings 1364 STATE LIBRARIAN Reports of public documents 2288 STATE MEDICAL EDUCATION BOARD Created, etc. 964

Page 5123

STATE OFFICIALS Fidelity bonds 1144 STATE OWNED VEHICLES Liability insurance 256 STATE PERSONNEL BOARD Health insurance for public school employees 2268 Health Insurance for retired public school teachers 1698 STATE PLANNING AND PROGRAMMING BUREAU ACT Amended 1592 STATE PROPERTIES COMMISSION See also Tabular IndexResolutions authorizing Land Conveyances Air rights to City of Cartersville 2137 Compensation of members 1047 Conveyance of land in Whitfield County authorized 2132 Easement to City of St. Marys 2156 Easement to Colonial Pipeline Company 2158 Exchange of land with City of Brunswick 2167 Land conveyance in Catoosa County 2142 Land conveyance in Pulaski County 2155 Land conveyance in City of Ringgold 2153 Land conveyance to Wayne County 2140 Land conveyance to Youth Estate, Inc. 2143 Land exchange with Rol, Inc. 2163 Lease land to City of Marietta extended 2147 Property located in Bainbridge, Decatur County, Georgia 2145 STATE PROPERTIES COMMISSION RESOLUTION Resolution amended 2126 STATE PROPERTY Disposition of State-owned surplus books, etc. 911 STATE PURCHASING PROCEDURE Amended 1054 STEPHENS COUNTY Homestead exemption for tax purposes, proposed amendment to the Constitution 2440

Page 5124

Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 2322 STEPHENS COUNTY, STATE COURT OF Salaries 3156 STONE MOUNTAIN MEMORIAL ASSOCIATION ACT Board members 2041 STRUCTURAL PEST CONTROL ACT Licenses 1762 Membership on Commission 999 SUBROGATION Motor Vehicle Accident Reparations Act amended 2075 SUMTER COUNTY Compensation of deputy clerks 3560 Sheriff's salary 3861 Tax commissioner's compensation 4227 SUMTER COUNTY, STATE COURT OF Compensation of judge and solicitor 3344 SUPERINTENDENT OF SCHOOLS Compensation 4 SUPERIOR COURTS Clerks' retirement system amended, benefits 2069 Deposit of funds in registry of court 1704 Electronic or mechanical selection of jurors 1377 Judges' compensation 4 Recordation of deeds by clerks 1654 Recording of criminal cases by clerks 1787 Recording of maps, plats, etc. by clerks 1616 Special habeas corpus clerks in certain circuits 2051 SUPERIOR COURT CLERKS Minimum salary act amended 937 SUPERIOR COURT JUDGES TRAVEL EXPENSES Educational meetings 1370

Page 5125

SUPPLEMENTAL APPROPRIATIONS ACT Enacted 10 SUPREME COURT Justices' compensation 4 Record retention schedule 1372 SURVEY MONUMENTS Protection of monuments 1614 SUTHER, TOM Compensation for damages 4589 SUWANEE, CITY OF City clerk 3348 T TALLAPOOSA, CITY OF Charter amended 4363 TATTNALL COUNTY Coroner's salary 3737 TAX ASSESSORS Members of county boards 1751 TAX COLLECTORS Bonds 1703 Compensation in certain counties (4,000-4,575) 1147 TAX COMMISSIONERS Bonds 1703 TAX REFORM Georgia Tax Reform Commission created 1076 TAX REFUNDS Statute of limitations 928 TAYLOR COUNTY Sheriff's salary 3080

Page 5126

TEACHERS Health insurance for retired public school teachers 1698 TEACHERS' RETIREMENT SYSTEM Amended 237 Amended, death benefits 1442 Amended, interest rates 1441 Credit for certain military service 1685 Credit toward retirement 1997 Retirement benefits 1913 TELFAIR COUNTY Referendums 3445 TEMPLE, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments THEFT Punishment 1457 THOMAS COUNTY Board of commissioners, quorum 3264 Clerk of superior court placed on salary basis, referendum 3752 Compensation of sheriff 3564 Office of tax commissioner created, referendum 3746 Probate judge placed on salary basis, referendum 3741 THOMAS COUNTY, STATE COURT OF Judge's salary 3259 Solicitor's salary 3262 THOMAS, LEWIS W. Compensation for damages 4602 THOMASTON, CITY OF Charter amended 3191 THOMSON, CITY OF Elections 3661 TOCCOA, CITY OF Toccoa-Stephens County Building and Parks Authority, proposed amendment to the Constitution 2322

Page 5127

TOOMSBORO, TOWN OF Consumption of alcoholic beverages on public streets, etc. 3426 TORTS Privity to support action, defenses 2202 , 2267 Privity to support actions, homicide defined 2218 TRANSPORTATION, DEPARTMENT OF Permits to transport mobile homes, etc. 1565 TRANSPORTATION BOARD, STATE Members' compensation 4 TREUTLEN COUNTY Sheriff's salary 3645 TREUTLEN, GOV. JOHN ADAM Highway designated 4606 TROUBLED CHILDREN Plan for the development of services to troubled children 2110 TROUP COUNTY Building permits 4126 Coroner's salary 3214 Salary Act amended 3218 Small claims court act amended 3207 , 3216 TROUP COUNTY, STATE COURT OF Salaries 3211 TWIGGS COUNTY Board of commissioners, recall elections, referendum 3405 TYBEE ISLAND, CITY OF Name changed from City of Savannah Beach-Tybee Island 4093 U UNFAIR TRADE PRACTICES Insurance policies 2016

Page 5128

UNIFORM ACT REGULATING TRAFFIC ON HIGHWAYS Amended, reports of accidents 1494 School buses 1367 UNIFORM CHILD CUSTODY JURISDICTION ACT Enacted 258 UNIFORM COMMERCIAL CODE Amended, secured transactions 1081 UNIFORM CRIMINAL EXTRADITION ACT Amended, District of Columbia 1754 UNIFORM RULES OF THE ROAD Amended 1483 UNION POINT, CITY OF New charter 3966 UNIVERSITY SYSTEM Scholarships 958 UPSON COUNTY Compensation of sheriff 4366 Sales and use tax 4576 Sales and use tax, proposed amendment to the Constitution 2494 Superior court terms, etc. 1481 Supplements to judges of superior court and district attorney 879 UVALDA, CITY OF Terms of mayor and councilmen, etc. 3650 V VALDOSTA, CITY OF Powers of board of education 3615 VARNELL, CITY OF Corporate limits, referendum 3365

Page 5129

VETERANS, DISABLED Homestead exemption, proposed amendment to the Constitution 2399 VETERANS MEMORIAL STATE PARK General Courtney Hicks Hodges building designated 4607 VETERANS SERVICE, DEPARTMENT OF Director's compensation 4 Director's title 2219 VETERANS SERVICE BOARD Members compensation 4 VIDALIA, CITY OF Elections 3647 VOCATIONAL REHABILITATION Executive Reorganization Act of 1972 amended 239 W WALKER COUNTY Additional judge of superior court 949 Civil jurisdiction of justices of the peace, proposed amendment to the Constitution 2342 Coroner's salary 3271 WALKER COUNTY DEVELOPMENT AUTHORITY Definitions, etc. 4360 WALTON COUNTY Additional superior court judge 1064 WARE COUNTY Board of county commissioners, etc. 4110 WARNER ROBINS, CITY OF Corporate limits 4369 New charter 3081

Page 5130

WARREN COUNTY Compensation of clerical help for probate court 4389 Compensation of deputy clerk of superior court 4380 Compensation of tax commissioner, etc. 4382 WASTEWATER Water and Wastewater Treatment Plant Operators Act amended 1492 WATER Water and Wastewater Treatment Plant Operators Act amended 1492 WATER QUALITY CONTROL ACT Approval of projects, etc. 2245 WATER SAFETY Boat Safety Act amended 1743 WAYCROSS, CITY OF See Tabular IndexMunicipalitiesHome Rule Amendments WAYNE COUNTY Coroner's compensation 4056 Jurisdiction of justices of the peace, proposed amendment to the Constitution 2434 Land conveyance authorized 2140 Terms of superior court 878 WAYNE COUNTY, STATE COURT OF Solicitor's salary, secretarial allowance, etc. 4071 WEST POINT, CITY OF Downtown West Point Development Authority 3785 Downtown West Point Development Authority, proposed amendment to the Constitution 2331 WHITE COUNTY See also Tabular IndexCounty MattersHome Rule Actions Homestead exemption for tax purposes, proposed amendment to the Constitution 2442

Page 5131

WHITFIELD COUNTY Compensation of named county officers 3593 Compensation of tax commissioner 3592 Small claims court created 3792 WILKES COUNTY Coroner placed on salary 3121 WILLS AND ADMINISTRATION OF ESTATES Assistant county administrators in certain counties (400,000-600,000) 1509 Notice of motion for probate in solemn form 1605 WITNESS FEES Law enforcement officers 925 WORKERS' COMPENSATION, STATE BOARD OF Act amended 2220 WORLD CONGRESS CENTER Overview committee 1929 WRIGHT, JAMES H. Compensation for damages 4591 Y YOUNG, MISS HENRIETTA Compensation for damage 4595 YOUNG HARRIS, CITY OF New charter 4470 YOUTH ESTATE, INC. Land conveyance authorized 2143

Page 5132

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 5135

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 5137

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 Talbot 17 Taliaferro 24 Tattnall 4 Taylor 14 Telfair 19 Terrell 14 Thomas 10 Tift 9, 13 Toombs 20 Towns 50 Treutlen 20 Troup 29 Turner 13 Twiggs 26 Union 50 Upson 17 Walker 53 Walton 45 Ware 7 Warren 21, 24 Washington 20, 21 Wayne 6 Webster 11 Wheeler 20 White 50 Whitfield 51, 54 Wilcox 19 Wilkes 24 Wilkinson 25 Worth 13

Page 5139

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 5141

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 5144

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 5146

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, Georgia 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 Morrow 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 1977 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 1977 13 4 9 TOTALS 845 46 42 757

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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 Agn 648 Cherokee 2668 Certain County Officerscompensation 11- 2-54 For 913 Agn 674 Clayton 2855 City of Forest Park Election Results Not Known Clayton 2029 City of Jonesboro 12- 9-53 For 64 Agn 229 Clayton 2064 City of Lake Tara Election Results Not Known Coweta 2040 City of Newnan 2- 6-54 For1406 Agn 603 Crisp 2407 City of Cordele 10- 5-54 City vote: For202; Agn132 County vote: For 23; Agn252 Decatur 2197 City of West Bainbridge 1-11-54 For 200 Agn 527 DeKalb 2578 City of Decatur 10-21-54 For 466 Agn 827 Early 2282 City of Blakely 4-19-54 For 45 Agn 82 Elbert 2987 City of Elberton 3-23-54 For 958 Agn 248 Forsyth 2674 County indebtedness Election Results Not Known Greene 2455 County Commissioners 3-23-54 For1637 Agn1807 Habersham 2745 City of Clarkesville 2-16-54 For154 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; Agn 6 Outside city vote: For 64; Agn 53 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 Agn 716 Clarke 3057 City of Athens/Clarke Countyschool systems 5-4-55 For1124 Agn 564 Clayton 2781 City of Morrow 4-16-55 For 75 Agn 30 Clayton Fulton 2884 City of College Park 5-14-55 For 46 Agn 13 DeKalb 2806 Form of government 5-18-55 (1) Single Com. For 750 Multiple Com. For5013 (2) Co. Exec. For2728 Co. Manager For2733 Elbert 2117 City Court of Elberton 3-7-56 For4471 Agn 522 Fulton 2650 City of Hapeville Election Results Not Known Gwinnett 3163 City of Lawrenceville 3-19-55 For 25 Agn 89 Hall 3038 Tax Commissioner 11-28-55 For2163 Agn 775 Hall 2627 Certain County Officerscompensation 11-28-55 For2144 Agn 826 Houston 2093 City of Warner Robins 4-5-55 For 234 Agn 547 Jackson 2853 City of Commerce Not held Laurens 2620 City of Dublin 5-10-55 For 582 Agn1327 Lumpkin 2892 County Commissioners 4-13-55 For 337 Agn 109 Rockdale 2428 Certain County Officerscompensation 4-16-55 For 610 Agn 877 Tift 2344 City of Tifton 4-27-55 For 764 Agn 270 Wayne 2858 City of Jesup 4-27-55 For 383 Agn 206

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Georgia Laws, 1956: County Page No. SUBJECT Date of Election Result Baldwin 2725 County Commissioners 4- 3-56 For1394 Agn1385 Baldwin (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 4-East Moultrie Area: For 41; Agn147 [UNK] Area vote: Area 5-Tifton Highway Area: For 29; Agn107 [UNK] Area 6-Sylvester Drive Area: For 78; Agn144 [UNK] 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 Agn580 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 Agn276 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

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Georgia Laws, 1957: County Page No. SUBJECT Date of Election Result Bartow 2048 City of Cartersville 3-12-57 For1010 Agn 314 Bulloch 2877 City of Statesboro 7-26-57 Area 1: For312; Agn14 Area 2: For312; Agn14 Area 3: For313; Agn13 Chatham 2003 City of Port Wentworth 3-20-57 For 422 Agn 128 Clarke 2033 City of Athens 2-27-57 For 617 Agn2112 Clarke 2036 City of Athens 2-27-57 For 714 Agn2047 Cobb 3020 City of Acworth 5- 4-57 For 73 Agn 181 Coffee 2833 City of Douglas 5-29-57 For 485 Agn 99 Colquitt 2205 City of Moultrie 3-11-57 For25 Agn53 Cook 3253 County Commissioners 5-8-57 For227 Agn364 Dougherty 2595 City of Albany 5-20-57 For325 Agn720 Douglas 2358 City of Douglasville 5-3-57 City vote: For50; Agn53 Affected area: For2; Agn164 Emanuel 3317 City of Swainsboro 10-14-57 City vote: For: Area 1 and 2 Outside city vote: For: Area 2 Agn: Area 1 Gwinnett 2669 City of Lawrenceville 3-23-57 For27 Agn4 Hancock 2341 City of Sparta Not held Henry 2121 County Commissioners 4-6-57 For784 Agn924 Miller 2194 County Commissioners 4-2-57 Majority vote for $5 per meeting Pickens 2332 Town of Jasper 4-17-57 City vote: For78; Agn12 Outside city vote: For15; Agn213 Pickens 2400 Town of Jasper 4-17-57 For75 Agn10 Polk 2185 City of Cedartown 5-8-57 For656 Agn934 Pulaski 3353 City of Hawkinsville 4-30-57 For115 Agn266 Spalding 2809 City of Griffin 4-30-57 For552 Agn317 Twiggs 3002 County Commissioners 5-22-57 For156 Agn174 Walker 2419 Town of Linwood 4-27-57 For71 Agn29 Wilkinson 2383 Town of McIntyre 5-25-57 For49 Agn18

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Georgia Laws, 1958: County Page No. SUBJECT Date of Election Result Bacon 3378 City of Alma 7-2-58 For206 Agn197 Baldwin 3302 County Commissioner 11-4-58 For932 Agn717 Barrow 2338 City of Winder 6-4-58 For131 Agn229 Bartow 2683 Tax Commissioner 9-10-58 For3590 Agn1254 Bartow 2866 Certain County Officerscompensation 9-10-58 For3462 Agn1356 Brooks 2859 City of Quitman 5-27-58 For173 Agn74 Chatham 2617 Town of Thunderbolt 1-20-59 For291 Agn115 Chatham 3337 City of Savannah 5-27-58 For4024 Agn2283 Chattahoochee 2554 Sheriffcompensation 11- 4-58 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) For 110; Agn 79 7-28-58 (Area 8) For 31; Agn 27 DeKalb 3318 City of Chamblee 5-10-58 City area vote: For 41; Agn 1 Affected area: For 91; Agn41 Dodge 2207 County Commissioners 3-18-58 For 571 Agn2997 Early 2829 City of Blakely 8-12-58 For 59 Agn 96 Emanuel 3143 City of Swainsboro 10-13-58 Parcel #1- City vote: For227; Agn15 Outside city: For143; Agn54 Parcel #2- City vote: For229; Agn15 Outside city: For 39; Agn40 Parcel #3- City vote: For230; Agn14 Outside city: For24; Agn28 Fannin 3353 City of Blue Ridge 5-17-58 For 162 Agn 282 Franklin 2644 City of Carnesville 4-22-58 For 33 Agn 21 Gordon 2131 City of Calhoun 3-26-58 City vote: For234; Agn 75 County vote: For203; Agn256 Hall 2279 City of Gainesville 4-1-58 For925 Agn169 Haralson 2820 City of Bremen Not Held Henry 3127 Certain County Officerscompensation 5-21-58 For346 Agn206 Henry 3132 City of Stockbridge 4-30-58 City vote: For61; Agn75 Outside City: For16; Agn116 Henry 3198 City of Hampton 4-30-58 City vote: For92; Agn3 Outside City: For37; Agn9 Henry 3367 City of McDonough Election Results Not Known Jasper 2921 City of Monticello 6-3-58 City vote: For147; Agn107 Outside City: For15; Agn50 Jeff Davis 3288 County Commissioners 4-19-58 For1025 Agn901 Lowndes 2624 City of Valdosta 4-14-58 For907 Agn243 Newton 2269 City of Covington 7-9-58 For151 Agn460 Polk 2468 Town of Van Wert 9-10-58 For7 Agn57 Pulaski 2826 Tax Commissioner 11-4-58 For222 Agn235 Putnam 2980 City of Eatonton 6-11-58 For42 Agn257 Tift 2696 City of Tifton (2 elections held) 4-30-58 City vote: For669; Agn43 Outside City: For333; Agn286 Tift 2930 City of Tifton 5-7-58 Election Results Not Known Ware 2763 City of Manor 5-17-58 For19 Agn100 Wilkes 2091 County Commissioners 11-4-58 For749 Agn98 White 3224 County Commissioners Not held

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Georgia Laws, 1959: County Page No. SUBJECT Date of Election Result Bartow 2782 City of Cartersville 4-29-59 For79 Agn154 Bartow 2793 City of Cartersville 4-29-59 For3 Agn21 Bartow 2797 City of Adairsville 5-12-59 For77 Agn120 Bartow 2907 City of White(Sec. 2) (2 elections held) 5-16-59 County Election, Sec. 2: For7; Agn36 City Election: For27; Agn45 Bartow 2920 City of Kingston 5-16-59 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 5180

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 For 1096 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 For 1894 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 For 3092 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 For 1227 Agn 806

Page 5184

Georgia Laws, 1961: County Page No. SUBJECT Date of Election Result Appling 2197 City of Baxley 4-18-61 For 514 Agn 292 Bartow 2782 City of Cartersville 6-10-61 For 6 Agn 44 Bartow 3382 City of Cartersville 6-10-61 For 29 Agn 20 Bartow 3469 City of Cartersville 6-10-61 For 205 Agn 159 Bibb 2441 City of Macon 5-24-61 City vote: For1560; Agn 445 Outside City vote: For12, 269; Agn9037 Carroll 3118 City of Carrollton 5-20-61 For 267 Agn 764 Chatham 2969 City of Savannah 5-10-61 City of Savannah: For9176; Agn1679 Zone No. 1: For 886; Agn 759 Zone No. 2: For 123; Agn 277 Chatham 3072 Civil Service System 4-20-61 For 137 Agn 144 Chattooga 2658 City of Summerville 5-27-61 For 338 Agn 241 Colquitt 3041 City of Moultrie Not held Early 2245 City of BlakelyNorth City Limits 6-13-61 For 61 Agn 56 Early 2260 City of BlakelySouth City Limits 6-14-61 For 35 Agn 56 Forsyth 2252 City of Cumming 4- 1-61 City vote: For 108; Agn 26 Outside City vote: For 41; Agn 142 Gwinnett 2583 City of Norcross 5-20-61 City vote: For 45; Agn 25 Outside City vote: For 21; Agn 43 Gwinnett 3156 City of Suwanee 4-29-61 For 56 Agn 15 Laurens 2598 City of Dublin 8- 2-61 For 1077 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 5187

Georgia Laws, 1962: County Page No. SUBJECT Date of Election Result Bryan 2505 City of Richmond Hill 4- 4-62 For 153 Agn 119 Chatham 2707 Town of Pooler 4-26-62 For 110 Agn 114 Clarke 2677 City of Athens 5-23-62 For 643 Agn 521 Clarke 2751 City of Athens 4-25-62 For1228 Agn1361 Clayton Fulton 2592 City of College Park 5- 5-62 For 32 Agn 37 Clayton Fulton 2599 City of College Park 6- 1-62 For 214 Agn1061 Clayton Fulton 3084 City of College Park 5-26-62 For 4 Agn 160 Columbia 2713 City of Martinez 9-12-62 For 85 Agn 573 Emanuel 2359 Board of County Commissioners 11-6-62 For 450 Agn 484 Fulton 2473 City of East Point 5- 9-62 For 1 Agn 3 Fulton 2854 City of East Point 5- 9-62 For 1 Agn 6 Fulton 2861 City of East Point 5- 9-62 For 6 Agn 31 Fulton 3130 City of East Point 5- 9-62 For 25 Agn 22 Gwinnett 2364 Pinball machines 11- 6-62 For1737 Agn 638 Henry 2403 Town of Locust Grove 4-25-62 For 20 Agn 27 Jackson 2620 City of Jefferson Not held Jackson 2624 City of Commerce 12- 5-62 Inside City: For385; Agn108 Outside City: For 58; Agn237 Laurens 2528 Town of Dudley 3-28-62 For 29 Agn 4 Laurens 3052 County Treasurer Not Held Meriwether 2244 City of Manchester 3-28-62 For 234 Agn 66 Meriwether 2396 City of Manchester 3-28-62 For 251 Agn 47 Meriwether 2422 City of Manchester 3-28-62 For 224 Agn 67 Meriwether 2603 City of Manchester 3-28-62 For 231 Agn 76 Meriwether 2613 City of Manchester 3-28-62 For 227 Agn 57 Mitchell 2158 City of Camilla 4-24-62 For 15 Agn 0 Murray 2576 City of Chatsworth 6-23-62 For 143 Agn 183 Muscogee 2164 Columbus-Muscogee Board of Commissioners 4-11-62 Muscogee County: For6612; Agn9103 City of Columbus: For5563; Agn6032 Newton 3072 City of Covington 4-25-62 For 550 Agn 167 Oglethorpe 3202 City Court of Lexington 11- 6-62 For 392 Agn 180 Putnam 2440 Certain County Officerscompensation 11- 6-62 For 626 Agn 129 Putnam 3048 Tax Commissioner 11- 6-62 For 548 Agn 184 Terrell 2537 City of Dawson 7-11-62 Ext. 1Defeated Ext. 2Ratified Terrell 3186 City of Dawson Election Results Not Known Upson 2074 City of Thomaston 4- 3-62 For 577 Agn 543 Warren 2981 Clerk Superior Court attend Court of Ordinary 11- 6-62 For 281 Agn 313 Washington 3038 City of Tennille 5- 2-62 In proposed area: For 13; Agn44 In City Tennille: For139; Agn58 Wayne 3110 Board of County Commissioners 11- 6-62 For 664 Agn 449 Wilkinson 2847 Town of McIntyre 4- 7-62 For 70 Agn 21

Page 5190

Georgia Laws, 1963: County Page No. SUBJECT Date of Election Result Baker 2928 Tax Collector and Tax Receivercompensation 4-25-63 For 581 Agn 343 Baldwin 3035 Civil and Criminal Court of Baldwin County 5-28-63 For 142 Agn 346 Bartow 2066 Sheriff's Deputies and Jailerscompensation 4-10-63 For 721 Agn1170 Bartow 2070 Deputy Clerk of Superior Courtcompensation 4-10-63 For 545 Agn1330 Bartow 2074 Clerical help in office of the Ordinarycompensation 4-10-63 For 666 Agn1230 Bartow 2078 County Commissioner clerical helpcompensation 4-10-63 For 532 Agn1343 Bartow 2082 Deputy Tax Commissionercompensation 4-10-63 For 511 Agn1356 Bartow 2086 Sheriffequipment 4-10-63 For 714 Agn1172 Berrien 2627 Town of Enigma 6- 4-63 For 15 Agn 0 Bleckley 2382 Tax Commissioner 6- 5-63 For 209 Agn 436 Cherokee 2016 City of Canton 5- 1-63 For 45 Agn 29 Clayton 2723 Town of Lovejoy Not Held Clayton 2815 City of Riverdale Not Held Cobb 2781 Board of County Commissioners 1- 8-64 For2123 Agn4100 Colquitt 2203 City of Moultrie Election Results Not Known DeKalb 3457 City of North Atlanta 7-11-63 For(1) 508 For(2) 55 For(3) 842 Dougherty 3630 City of Albany 7-29-63 For1034 Agn1406 Emanuel 2583 City of Swainsboro 5-13-63 Inside City: For243; Agn44 Outside City: For81; Agn41 Fulton 2887 City of East Point Not Held Glynn 3249 City of Brunswick 10- 1-63 For 798 Agn 570 Hall 3552 Board of County Commissioners 9- 3-63 For1421 Agn1571 Henry 2609 Board of County Commissioners 5-15-63 For Sec. 1 669 For Sec. 2 624 Houston 3330 City of Warner Robins 5- 7-63 For1127 Agn 776 Irwin 2602 Tax Commissioner 5-28-63 For 91 Agn 279 Jackson 2575 City of Commerce Not Held Meriwether 2332 City of Warm Springs Not Held Muscogee 2731 City of Columbus 6- 5-63 For3254 Agn1615 Newton 3017 Board of County Commissioners 5-15-63 For 333 Agn 669 Pulaski 3436 Tax Commissioner 6-18-63 For 354 Agn 321 Screven 2835 City of Sylvania 6- 4-63 For 160 Agn 79 Talbot 2185 Board of County Commissioners 5-22-63 For 239 Agn 295 Telfair 2482 City of McRae 5- 1-63 For 130 Agn 3 Thomas 3402 City of Boston 5-20-63 For 45 Agn 126 Thomas 3405 City of Boston 5-20-63 For 52 Agn 127 Turner 2471 County Commissioner 4-24-63 For 249 Agn 603 Walton 2600 Tax Equalization Program 7-24-63 For1715 Agn1838 Ware 2237 Board of County Commissioners 5-30-63 For1727 Agn1373 Wilkes 2803 Certain County Officerscompensation 5-28-63 For1304 Agn 119 Wilkes 3447 Tax Commissionercompensation 5-28-63 For1281 Agn 130

Page 5193

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 For971 Agn1720 McDuffie 2104 Tax Commissioner 4-1-64 For985 Agn1708 McDuffie 2107 Sheriff and Deputiescompensation 4-1-64 For982 Agn1705 Meriwether 2154 Town of Greenville Election Results Not Known Meriwether 2412 City of Woodbury 4-22-64 For110 Agn30 Monroe 2542 Board of County Commissioners Not held Murray 2672 County Commissionerscompensation 9-9-64 For1868 Agn1763 Peach 2627 Board of County Commissioners 4-29-64 (3 questions) For509 Agn502 For692 For93 Pickens 2066 Board of County Commissioners 3-4-64 For1822 Agn144 Pickens 2078 City of Jasper 3-21-64 Inside City: For43 Agn3 Outside City: For9 Agn0 Thomas 2497 Sheriffcompensation 4-29-64 For1685 Agn639 Tift 2208 City of Tifton 4-22-64 For281 Agn216 Tift 2361 City of Tifton 4-22-64 For136 Agn368 Tift 2900 Board of County Commissioners 5-13-64 For1992 Agn1290 Tift 3069 Board of County Commissioners 5-13-64 For2592 Agn738 Walker 2014 Ordinarycompensation 2-18-64 For4695 Agn285 Walker 2018 Tax Commissioner 2-18-64 For4673 Agn251 Walker 2024 Clerk Superior Courtcompensation 2-18-64 For4655 Agn298 Walker 2643 Fire Prevention Districts 2-15-65 For246 Agn41 Fire District Commissioners 3-22-65 For 3 member board 81 votes for each candidate Ware 2455 Tax Commissioner Not held Whitfield 2175 Board of County Commissioners 3-20-64 For3817 Agn2807 Wilkinson 2314 Tax Commissioner 11-3-64 For933 Agn863

Page 5196

Georgia Laws 1964, Extra Session: County Page No. SUBJECT Date of Election Result Baker 2096 Sheriffcompensation 7-15-64 For 464 Agn 529 Barrow 2347 City of Winder 9- 9-64 For 507 Agn 372 Cobb 2075 Board of County Commissioners 7- 8-64 For7297 Agn2791 Cobb 2179 City of Elizabeth Election Results Not Known Dooly 2052 City of Byromville Not held Fulton 2342 City of Alpharetta 8-22-64 For 57 Agn 104 Troup 2256 City of Hogansville 9- 2-64 For 200 Agn 410 Troup 2350 Small Claims and Committal Court of LaGrange Election Results Not Known Worth 2116 City of Sylvester 12- 2-64 For 216 Agn 32

Page 5197

Georgia Laws, 1965: County Page No. SUBJECT Date of Election Result Appling 3142 Certain County Employeescompensation 11- 8-66 For 589 Agn 556 Appling 3361 Providing for an annual audit 11- 8-66 For 733 Agn 326 Baldwin 2306 City of Milledgeville 6- 2-65 For 544 Agn 462 Baldwin 2316 Board of County Commissioners 4- 7-65 For 801 Agn1878 Brooks 3226 City of Quitman Election Results Not Known Chatham 3181 Isle of Hope Election Results Not Known Crisp 2167 City of Cordele 4-28-65 For 828 Agn1198 Decatur 2819 City of Bainbridge 4- 7-65 For1148 Agn 688 Decatur 3245 Small Claims Court of Decatur County 6-16-65 For 447 Agn 472 Dooly 2582 City of Unadilla 7-20-65 For 56 Agn 115 Echols 3160 City of Statenville 7-14-65 For 72 Agn 75 Fulton Clayton 3391 City of College Park 4-30-66 * * Sec. 1 For3; Agn67 Sec. 2 For0; Agn 7 Sec. 3 For0; Agn12 Sec. 4 For0; Agn 6 Sec. 5 For8; Agn43 Sec. 6 For5; Agn12 Sec. 7 For6; Agn31 Habersham 2727 City of Cornelia 5-12-65 For 92 Agn 123 Houston 2650 City Court of Warner Robins 6-22-65 For1847 Agn1657 Jackson 3408 City of Jefferson Election Results Not Known Liberty 3342 Town of Allenhurst 5-10-65 For 51 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 * * Each of these acts has an effective date of January 1, 1966. 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 5199

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 Agn 1148 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 For 4842 Agn 4335 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 For 1443 Agn 1554 Wayne 3099 City of Jesup 5-25-66 For 1083 Agn 603

Page 5201

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 For 1139 Agn3373 Catoosa 2225 County Board of Education 4-15-67 For 1426 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 For266 Agn32 Dooly 2467 City of Vienna 6-20-67 For12 Agn9 Dooly 2922 County Board of Education 6-20-67 For807 Agn173 Echols 3491 City of Statenville 5-15-67 For62 Agn106 Floyd 2163 City of Rome 4-26-67 For333 Agn794 Gordon 2898 Fire Protection Services 6-21-67 For286 Agn111 Henry 2595 City of Stockbridge 5-13-67 Inside City For101 Agn87 Outside City For43 Agn475 Houston 2606 City of Warner Robins 4-25-67 For2292 Agn680 Houston 3241 County School Superintendent 11-7-67 For1001 Agn2317 Houston 3244 County Board of Education 11-7-67 For2559 Agn757 Lowndes 2118 Town of Dasher 4-11-67 For59 Agn5 McDuffie 2169 Deputy Sheriffcompensation 4-26-67 For1069 Agn539 Meriwether 2011 City of Greenville 4-3-67 For41 Agn0 Murray 2458 City of Chatsworth 5-31-67 For154 Agn19 Newton 2405 County Board of Education 5-3-67 For1258 Agn598 Newton 2784 Board of County Commissioners 5-3-67 For1301 Agn540 Pike 2448 Tax Commissioner 9-6-67 For454 Agn52 Pike 3152 County Board of Education 9-6-67 For441 Agn65 Polk 2718 County Board of Education 11-5-68 For3306 Agn1245 Pulaski 3463 Pulaski County/City of Hawkinsvilleschool merger 11-7-67 Pulaski County For249 Agn482 City of Hawkinsville For466 Agn236 Randolph 2243 Tax Commissionercompensation 4-26-67 Proposition #1 For1109 Proposition #2 For782 Stephens 3005 County Board of Education 5-2-67 For709 Agn1016 Stewart 3227 Clerk Superior Courtcompensation 11-5-68 For1097 Agn88 Thomas 2115 City of Thomasville 3-28-67 For841 Agn398 Turner 2694 City of Sycamore 5-26-67 For162 Agn51 Union 3064 Sheriffcompensation 6-28-67 For235 Agn790 Whitfield 2277 City of Dalton 4-19-67 For516 Agn607

Page 5204

Georgia Laws, 1968: County Page No. SUBJECT Date of Election Result Atkinson 2882 Board of County Commissioners 4-17-68 For591 Agn216 Bacon 3542 Tax Commissioner 6-11-68 For400 Agn321 Banks Habersham 2400 Town of Baldwin Election Results Not Known Berrien 2241 Board of County Commissioners Not Held Bibb 2835 County Board of Education 11-5-68 For14,736 Agn7,193 Bleckley 2278 City of Cochran 6-19-68 For351 Agn781 Candler 2446 County Board of Education 5-7-68 For296 Agn467 Carroll 2256 County School Superintendent 4-24-68 For250 Agn1,341 Carroll 2841 County Board of Education 4-24-68 For547 Agn1,087 Charlton 2342 City of Folkston 9-11-68 For118 Agn145 Charlton 2984 Town of Homeland Election Results Not Known Chatham 2636 Board of Education of City of Savannah and Chatham County/City of Savannahschool merger 11-5-68 For11,874 Agn11,276 Chattahoochee 2717 County Board of Education 7-12-68 For4 Agn20 Cherokee 3751 Cherokee County School System 11-5-68 For2,042 Agn1,755 Coffee 2177 County Board of Education 4-24-68 For546 Agn1,101 Coffee 2181 County Commissioners 4-24-68 For508 Agn1,100 Colquitt 2130 City of Moultrie 4-23-68 For540 Agn715 Columbia 2708 County Board of Education 9-11-68 For2,048 Agn320 Decatur 2565 County Board of Education 5-1-68 For971 Agn1,104 Decatur 2756 City of Bainbridge 6-5-68 For292 Agn137 Douglas 2262 County School Superintendent 5-21-68 For189 Agn1,025 Douglas 3764 County Board of Education 5-21-68 For498 Agn686 Echols 3514 County Board of Education 11-5-68 For457 Agn38 Emanuel 2487 County Board of Education 4-24-68 For405 Agn633 Evans 3722 City of Daisy Election Results Not Known Glynn 2914 Brunswick-Glynn County Charter Commission 10-14-69 For2846 Agn6761 Gordon 2030 Board of County Commissioners 5-15-68 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 5208

Georgia Laws, 1969: County Page No. SUBJECT Date of Election Result Bartow 2929 City of Cartersville 6-19-69 For180 Agn277 Bibb 3331 Board of Elections 9-17-69 Inside City Limits For5892 Agn2086 Outside City Limits For514 Agn295 Butts 2456 County Board of Education 5-22-69 For422 Agn566 Camden 3543 Tax Commissioner Not Held Candler 2230 City of Metter 5- 6-69 For326 Agn86 Charlton 2665 County Board of Education 7-15-69 For143 Agn287 Chatham 2584 City of Garden City Election Results Not Known Cherokee 2829 County Board of Education 6-17-69 Sec. 1 For1600 Agn718 Sec. 2 For624 Agn1657 Clarke 3028 County Board of Education 7-15-69 For1722 Agn1738 Cobb 2475 Cobb County School District 5-14-69 For773 Agn179 Colquitt 2559 County Board of Education 6-4-69 For1071 Agn1265 Coweta 2784 City of Newnan 7- 2-69 For113 Agn584 Crisp 3806 City of Cordele 6-18-69 For299 Agn245 DeKalb 2501 City of Doraville 5-24-69 Tract No. 1 For15 Agn130 Tract No. 2 For40 Agn103 Effingham 3964 City of Guyton 6- 4-69 For128 Agn179 Fannin 2637 Tax Commissioner 11- 3-70 For1399 Agn1396 Fannin 2641 Board of County Commissioners 11- 3-70 For1419 Agn1376 Fulton 4098 City of Fairburn 7-28-69 Sec. 1Vickers Rd. For3 Agn2 Sec. 2Bohannon Rd. For8 Agn1 Gwinnett 3960 City of Lawrenceville 5-21-69 Inside city limits: For289 Agn127 Outside city limits: For22 Agn198 Gilmer 2606 City of Ellijay 6-25-69 For139 Agn288 Hall 2346 City of Murrayville 6-11-69 For81 Agn104 Houston 3647 City of Warner Robins 6-17-69 For1512 Agn2064 Houston 3920 City of Warner Robins 10-14-69 City vote: For2134 Agn694 County vote: For38 Agn205 Houston 3927 City of Warner Robins Election Results Not Known Jackson 2987 City of Jefferson 7-21-69 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 5212

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 Agn1133 Washington 3104 County Board of Education 6- 3-70 For 439 Agn 537

Page 5215

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 Newman 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 Agn4,022 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 5219

Georgia Laws 1972, January/February session: County Page No. SUBJECT Date of Election Result Appling 2615 Small Claims Court Appling County 8- 8-72 * * Inside Macon For Agn. City of Macon-Bibb 9,578 12,101 City of Macon-Jones 3 3 ----- ----- 9,581 12,104 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 * 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 * * Ga. L. 1973, p. 2268 changed date of election. 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 78- 5-73 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 * 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 Agn1,042 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 Date of State-wide Primary Election 8-8-72. Date of General Election 11-7-72.

Page 5225

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 + + The results of this election were certified to the Office of Secretary of State, in error, and have appeared in Georgia Laws 1974-1977 as follows: Yes533; No45. An amended return was certified to the Office of Secretary of State on May 3, 1978 as it now appears. Appling 3677 City of Baxley 9-29-73 Yes45 No588 Brantley 3631 City of Nahunta Election Results Not known Chatham 2268 Savannah-Chatham County government 6-12-73 Ga. L. 1973, p. 2268 changed date of the election as set out in Ga. L. 1972 p. 3019 Chatham County For3,157 Agn6,666 City of Savannah For12,039 Agn 4,090 Chatham 3693 City Savannah Beach 6-2-73 Yes 21 No 29 Clarke 2356 City of Athens 5-31-73 For1,818 Agn1,591 Clarke 2367 City of Athens 5-31-73 For2,430 Agn1,057 Clarke 2387 City of Athens 5-31-73 For 648 Agn 682 Clarke 2467 Clarke County Commissioners 8-14-73 Yes1,809 No1,125 Clarke 3374 Clarke County Board of Education 8-13-74 * Not Held Cherokee 3207 County Board of Education 7-17-73 Yes 412 No 52 Cook 2300 Cook County Commissioners 5-22-73 For 758 Agn 735 Greene 3853 Greene County Board of Education 8-13-74 * Not Held Habersham 3809 Habersham County Board of Education 11-6-73 For1,326 Agn1,465 Lowndes 3837 City of Twin Lakes 6-20-73 Yes 37 No 191 Marion 3827 County School Superintendent 11-5-74 ** ** Date of General ElectionNovember 5, 1974. Yes: 184 No: 331 Miller 2776 State Court of Miller County # # This 1973 Act repealed by Georgia Laws 1974, p. 3171 11-5-74 ** See Below # 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 5227

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 8-13-74. Yes: 1628 No: 671 Bibb 2028 Abolish Board of Water Commissioners of City of Macon 11-5-74 # # Date of General Election 11-5-74. 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 *** Common Day of Rest Act results tabulated infra.

Page 5229

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 434,559 363,947

Page 5231

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 5232

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 5-4-76. 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 8-10-76 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 5233

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 5234

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 * * Date of 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 ** ** Date of 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

Page 5236

Georgia Laws, 1977, January/February Session: County Page No. SUBJECT Date of Election Result Baker 2603 County Board of Educationvacancies 11-7-78 * * Date of November 7, 1978 General Election. Bryan 3215 Abolish office of Treasurer 5-24-77 Yes: 116 No: 126 Carroll 4519 City of Templecorporate limits 6-15-77 Yes: 225 No: 149 Dawson 3529 County Board of Educationelection 6-14-77 Yes 369 No: 140 Hart 3482 Town of Bowersvillenew charter 5-9-77 Yes: 30 No: 0 Pierce 2924 County Brd. of Education and County School Superintendentelection of 11-7-78 * Rockdale 2817 Board of County Commissionerscreation of 5-17-77 Yes: 1618 No: 744 Schley 2952 County Commissionersterms staggered 11-7-78 * Schley 2955 County Board of Educationterms staggered 11-7-78 * Stephens 3875 County Board of Educationelection 6-28-77 Yes: 1375 No: 628 Stephens 3881 County School Superintendentappointment of 6-28-77 Yes: 793 No: 1042 Tift 3895 City of Tiftonannexation 12-19-77 Yes: 690 No: 1158 Towns 3974 County Board of Education and County School Superintendent 2-2-78 Yes: 1014 No: 1384 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 5237

STATUS OF ELECTIONS HELD FOR YEARS 1975-1977 FOR GEORGIA RETAILER'S AND CONSUMERS' SALE AND USE TAX ACT Ga. L. 1975, p. 984; Ga. L. 1976, p. 1019; Ga. L. 1977, p. 1008) 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 1977 41 34 7 TOTAL 88 4 58 3 30 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 5238

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 1977 Local Sales and Use Tax Option of 1% County Date of Election Result Walton Jan. 6, 1977 Yes: 861 No: 1,449 Liberty Jan. 25, 1977 Yes: 2,084 No: 200 Screven Feb. 8, 1977 Yes: 1,011 No: 220 Bryan Feb. 15, 1977 Yes: 674 No: 131 Macon March 8, 1977 Yes: 766 No: 194 Clayton March 29, 1977 Yes: 3,595 No: 6,136 Columbia April 12, 1977 Yes: 1,692 No: 359 Tattnall April 19, 1977 Yes: 654 No: 303 Effingham Feb. 15, 1977 Yes: 728 No: 168 Newton June 7, 1977 Yes: 1,682 No: 1,385 Carroll June 22, 1977 Yes: 3,306 No: 807 Haralson June 28, 1977 Yes: 885 No: 587 Colquitt July 19, 1977 Yes: 1,752 No: 2,371 Barrow Aug. 9, 1977 Yes: 1,278 No: 606 Clarke Aug. 9, 1977 Yes: 3,902 No: 2,060 Jackson Aug. 9, 1977 Yes: 1,411 No: 861 Warren Aug. 26, 1977 Yes: 482 No: 282 Paulding Sept. 13, 1977 Yes: 3,162 No: 1,435 Tift Oct. 5, 1977 Yes: 2,389 No: 789 Evans Oct. 4, 1977 Yes: 189 No: 464 Clinch Sept. 27, 1977 Yes: 432 No: 425 McDuffie Oct. 18, 1977 Yes: 838 No: 514 Seminole Oct. 25, 1977 Yes: 308 No: 580 Ware Oct. 25, 1977 Yes: 1,602 No: 165 (excluding City Waycross) Worth Oct. 25, 1977 Yes: 625 No: 551 Troup Nov. 16, 1977 Yes: 2,279 No: 3,116 Henry Nov. 25, 1977 Yes: 2,746 No: 459 Coffee Nov. 29, 1977 Yes: 1,775 No: 290 Charlton Nov. 29, 1977 Yes: 480 No: 275 Camden Nov. 29, 1977 Yes: 857 No: 439 Brooks Nov. 29, 1977 Yes: 663 No: 587 Pierce Nov. 29, 1977 Yes: 1,018 No: 86 Glynn Nov. 29, 1977 Yes: 3,619 No: 1,329 Dade Dec. 13, 1977 Yes: 759 No: 307 Berrien Dec. 13, 1977 Yes: 717 No: 700 Monroe Dec. 13, 1977 Yes: 1,377 No: 579 Turner Dec. 29, 1977 Yes: 431 No: 178 Gilmer Dec. 20, 1977 Yes: 561 No: 386 Schley Dec. 22, 1977 Yes: 158 No: 57 Cherokee Dec. 20, 1977 Yes: 842 No: 2,532 Bacon Dec. 27, 1977 Yes: 828 No: 118

For any information regarding these ACTS and RESOLUTIONS please contact: BEN W. FORTSON, JR. Secretary of State